Wood v. Brown

Citations

• 104 F. 203
• 43 C.C.A. 474
• 1900 U.S. App. LEXIS 3904

Syllabus

<p>1. PniN’eii’Ai, and Surety — Discharge or Surety.</p> <p>If the obligee in a bond obtains control of money or property of the principal therein, which he may lawfully apply io the discharge of that principal’s obligation to him, and to which he is not otherwise ontUlcd, and then voluntarily surrenders or releases the money or property, so that the surely loses the benefit of the security it furnishes, the latter is discharged from liability on the bond to the extent of the value of the money or property thus surrendered.</p> <p>2. Same.</p> <p>But the release by an obligee in a bond for the payment of a decree of a levy upon real estate in Ouiorado of an execution issued upon a decree whose record constituted a lien upon the properly before, the writ was issued, and after the release of the levy, will not discharge a surety on the bond, because it does not affect the lien of the obligee nor diminish the security of the surety.</p> <p>3. Appeal and Biuiok — Breach of Appeal Bond — Damages.</p> <p>The measure of damages for tlio breach of the condition of a bond to “answer all damages and casts,” wlilcli works a supersedeas under Rev. St. m 1000, 1010, 1012, in a writ of error to reverse a personal judgment for money, or in an appeal from a decree which directs the payment of money from the appellant to the appellee, is the amount due to the obligee by the terms of the judgment or decree, jost damages for delay, and costs.</p> <p>4. Same.</p> <p>The measure of damages for the breach of the condition of a bond to “answer all damages and costs,” which is made to work a supersedeas under Rev. St. ⅜⅝ 1000, 1007, 1012, in an appeal from an order directing the issue of an execution under a decree in chancery for the payment of money, is the same as for the breach of the condition of such a bond in an appeal from the decree. It is the amount doe to the obligee under the decree, just damages for delay, and costs.</p> <p>(Syllabus by the Court.)</p>