Royal Arcanum v. Folz

Citations

• 35 Ohio C.C. Dec. 190
• 25 Ohio C.C. (n.s.) 97

Syllabus

<p>BONDS — PLEADING</p> <p>1. Conditions of Bond Sued on Discovered by Search of Record at Hearing on Demurrer.</p> <p>While in an action to enforce a bond it is not competent, on demurrer to the petition, to look to the bond attached thereto for the purpose of determining whether liability has arisen thereunder, nevertheless a reviewing court, upon searching the record and ascertaining from a prior pleading the conditions of the bond claimed to have been breached and there set out in haec verba, may adjudge whether the default alleged is within the condition of the bond.</p> <p>2. Liability of Sureties on Bond of Indemnity Against Claim in Litigation Together With Counsel Fees and Other Expenses.</p> <p>When the condition of a bond is that the obligee shall be held blameless on account of a certain claim in litigation, together with counsel fees and other expenses, the indemnity promised covers only the amount the obligee is compelled to pay by legal proceedings, and does not include counsel fees and other expenses incurred in defeating said claim.</p>