Steel v. Gordon

Citations

• 14 Wash. 521
• 45 P. 151
• 1896 Wash. LEXIS 400

Syllabus

<p>ACTION ON INJUNCTION BOND — RECEIVER SUBSEQUENTLY APPOINTED — ATTORNEYS’ PEES — QUESTION FOR JURY — WAIVER.</p> <p>In an action on an injunction bond, the court is warranted in -directing the jury that there can be no recovery for loss on sales while the injunction was in force, where it was habitually violated •and no sales were in fact prevented thereby.</p> <p>An injunction restraining a corporation from doing business operates as against a receiver subsequently appointed.</p> <p>That the order appointing a receiver of a corporation did not authorize him to make sales does not prevent recovery in an action by him on an injunction bond given prior to his appointment, for loss •of profits occurring after his appointment by reason of the injunction against sales, as only the corporation, its stockholders and •creditors, can question his authority to make sales.</p> <p>The mere acceptance of the statutory attorney’s fee upon the dissolution of an injunction is not a waiver of the right to recover attorney’s fees in an action upon the injunction bond.</p> <p>The amount of the attorney’s fee to be allowed plaintiff in an action on an injunction bond, on account of professional services in the matter of the injunction, is to be fixed by the jury and not by the court.</p>