Baer v. Fidelity & Deposit Co.

Citations

• 130 F. 94
• 64 C.C.A. 428
• 1904 U.S. App. LEXIS 4134

Syllabus

<p>1. Voluntary Bonds — Damages.</p> <p>Where a voluntary bond was given in an equity suit pending in the federal court to eover damages arising out of certain orders of the court issued therein, which damages, if not saved to the parties by some protecting order specially given by the court, were damnum absque injuria, no recovery could be had on the bond, since no damages could be proved.</p> <p>2. Same — Conditions—Breach.</p> <p>Where the court ordered a deposit of money as a condition of setting aside an injunction and the appointment of a receiver previously made, and, as part of the same order, directed the execution of a bond to the defendant in the receivership proceedings to indemnify him against any damages he might sustain by depositing the amount so previously provided, to abide the decree of the court in the event the cause should be finally adjudged in defendant’s favor, the condition of the bond was not broken, though some of defendant’s contentions were sustained; he having recovered little, if anything, after paying costs adjudged against him of the original deposit.</p> <p>3. Same — Bonds—Construction.</p> <p>Where a bond given to secure a deposit made as a condition to the vacation of an order appointing a receiver and granting an injunction was conditioned to indemnify against such damages as the court might determine had been sustained by reason of the deposit, the words “as the court might determine” should be construed as referring to the court then having jurisdiction of the 'issues in the case.</p>