Schigur

American National Bank & Trust Company of Eau Claire, Wisconsin^ appeals from an order awarding to respondent James F. Schigur, indemnification of costs and counsel fees in the amount of $5,291.16.

Appellant brought an action against defendants, who are not parties to this appeal, to foreclose deeds of trust securing promissory notes and to obtain deficiency judgments against the makers and guarantors of the notes. Some of the defendants cross-complained against appellant, and brought respondent Schigur in as a cross-defendant, upon allegations that respondent, as an officer of appellant, had used fraudulent tactics to induce the cross-complainants to execute the notes which appellant was attempting to collect. It is properly conceded by appellant that if the allegations of fraud had been proven, appellant’s claims against the cross-complainants would have been defeated. It is also conceded that the allegations of fraud relate only to respondent’s actions as an employee of appellant.

The action has been settled and dismissed with prejudice as to all parties.

On August 9, 1977, pursuant to a request for dismissal of the cross-complaint as against Schigur only, filed by…