Bonds for Fidelity. 429. Bond for the Fidelity of the Treasurer of an Unincorporated Association. [The penal clause may be as in Form 405 to the *, thence continuing thus:] WHEREAS the above-bounden A. B. has been chosen treasurer of the Company [or, Association, or, Society], by reason whereof he will receive or have control of moneys, property, and other things of the said company [or, association, or, society], and others: Now THE CONDITION of this obligation is such, that if the said A. B., his executors or administrators, shall honestly and in good faith(i) serve as such treasurer during his continuance in said office within the term for which he is chosen [or, so long as he shall continue and be continued in said office], and hold and dispose of whatever he may receive as such treasurer, as the association or its board of directors may direct, and according to the provisions of the constitution, by-laws, and regulations of said company [or, association] now existing, or which may be by them adopted; and at the expiration of his said office, or sooner if thereto required, upon due request to him or them to be made, shall make and give unto such auditor and auditors as shall be appointed by the said company, a just and true account of all moneys, property, and other things, as have come into his possession, or under his control or charge, as treasurer aforesaid; and shall pay and deliver over to his successor in office, or any other person duly authorized to receive the same, all such moneys, property, and other things which shall appear to be in his hands and due by him to the said company [or, association, or, society], then this obligation is to be void; otherwise, to remain in full force. [Signatures and seals.] 430. Bond for the Fidelity of the Cashier or Teller of a Bank. [The penal clause may be as in Form 405 to the *, thence continuing thus:] WHEREAS the above-bounden A. B. has been chosen and appointed cashier [or, teller] of the Bank, by reason whereof he will receive, or have control or be chargeable with money, property, or other things of said bank, and others: Now THE CONDITION of this obligation is such, that if the said A. B., his executors or administrators, shall well and truly serve the said bank as such officer during his continuance in office, within the term for which he has been chosen [or, so long as he shall continue and be continued in said office] and well and truly perform and discharge all his duties as such officer, and shall at the expiration of his said office, or whenever sooner thereto required, upon request to him or them made, shall make or give unto the said bank, or their agent, or attorney, a just and true account of all moneys, property, and other things, as shall have come into his possession, control, or charge, as such officer, and shall pay and deliver (i) The bond of an officer of a voluntary association will usually be for his integrity, but not for his skill and diligence. If his sureties are to be answerable for the latter as well as the former, insert the words, "well and truly." Indemnity. over to his successor in office, or any other person duly authorized to receive the same, all such balances or sums of money, property, and other things, which shall appear to be in his hands, or chargeable to him, and due or deliverable by him to the said bank, then this obligation to be void; otherwise, to remain in full force. [Signatures and seals.] IV. BONDS OF INDEMNITY. An obligation of indemnity against a demand includes, as incidental thereto, indemnity against damages and costs sustained in consequence of the demand,(k) but an obligation of indemnity against costs, charges, and expenses does not extend to damages.(7) An obligation to indemnify against the claims and demands of all persons does not extend to tortious acts.(m) An obligation to indemnify against "charge or liability" is broken by the existence of a liability, even without payment.(n) But an obligation to indemnify against a "claim," or a "demand," or damage," or "molestation," or "loss," or "expenses," or costs," is not broken without actual loss or expense.(0) An obligation to indemnify one against expenses "which he may incur," is not broken by mere liability, but payment must be shown ;(p) but a promise to indemnify him against damages, costs, and charges, "to be imposed on or demandable from him," extends to a legal liability.(q) 431. Bond With Surety to Indemnify the Sheriff on Levying An Execution. KNOW ALL MEN by these presents, that we, A. B., of the town of in the sum of and State of day of 18 .* in the county of farmer, and C. D., of the same place, merchant, are held and firmly bound unto Y. Z., sheriff of the county of dollars [inserting the penal sum], good and lawful money of the United States, to be paid to the said Y. Z., his executors, administrators, or assigns, for which payment well and truly to be made we do bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals; dated this WHEREAS the above-bounden A. B. did obtain judgment in the court of against M. N. for the sum of dollars, whereupon execution has been issued, directed and delivered to the said Y. Z., sheriff of County, requiring him that of the goods and chattels of the said M. N. he should cause to be made the sum aforesaid. And whereas certain goods and chattels that appear to belong to the said M. N. are claimed by O. P.: Now THE CONDITION of the above obligation is such, that if the above-bounden A. B. shall well and truly save harmless, and indemnify the said Y. Z., and any and all persons aiding and assisting him in the premises, from all (k) Mott v. Hicks, 1 Cow., 518. Gee v. Roen, 4 Abbotts' Pr., 8; Gilbert v. (1) Scott v. Tyler, 14 Barb., 202. Wyman, 1 N. Y. (1 Comst.), 550; Aber(m) Luddington v. Pulver, 6 Wend., 404. deen v. Blackmar, 6 Hill, 324; Campbell (n) Scott v. Tyler, 14 Barb., 202; Mc-v. Jones, 4 Wend., 806; Churchill v. Hunt, Gee v. Roen, 4 Abbotts' Pr., 8; Churchill v. Hunt, 8 Den., 821. (0) Scott v. Tyler, 14 Barb., 202; Mc 3 Den., 821. (p) Scott v. Tyler, 14 Barb., 202. Bonds of Indemnity. harm, trouble, damage, costs, suits, actions, judgments and executions that shall or may at any time arise, come or be brought against him, them or any of them, as well for the levying and making sale under and by virtue of such execution, of all or any goods and chattels which he or they shall or may judge to belong to the said M. N., as well as in entering any shop, store, building or other premises, for the taking of any such goods and chattels, then this obligation is to be void; otherwise, to remain in full force. Sealed and delivered in presence of S [Witness's signature.] A. B. [Seal.] 432. Bond With Surety, to Indemnify Maker of Note or Acceptor of Bill for Accommodation, from Loss Thereby. KNOW ALL MEN by these presents, that we, A. B., of the town of farmer, and C. D., of, etc., are held and firmly bound unto Y. Z., of the town of merchant, in the sum of dollars, good and State of and lawful money of the United States, to be paid to the said Y. Z., his executors, administrators or assigns; for which payment, well and truly to be made, we do bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals; dated this day of 18 .* WHEREAS the said Y. Z. has, without consideration to him moving therefor, and solely for the accommodation of the above-bounden A. B., made and advanced to said A. B. his promissory note [or, accepted a bill of exchange drawn by upon him] for dollars, bearing date the day of ,18 and payable to [with interest], days after the date thereof: Now THE CONDITION of this obligation is such, that if the said abovebounden A. B. and C. D., their executors or administrators, or any of them, shall well and truly pay the said sum of dollars, for the payment of which the said note [or, bill] is so given, and the interest thereof, on the day of payment therein mentioned, and in full discharge thereof, and indemnify and save harmless the said Y. Z., his executors and adininistrators, from and against any and all suits, actions, damages, costs, charges, and expenses, by reason of said note [or, bill], then this obligation is to be void; otherwise, to remain in full force. A. B. [Seal.] C. D. [Seal.] 433. Bond to Indemnify Partners Having Indorsed for Accommodation, Against Liability Thereby. KNOW ALD MEN by these presents, that we, A. B., of the town of , merchants, doing busi merchants, are held and firmly bound unto W. X. and Y. Z., of the town of in the county of Indemnity. ness under the name of Y. Z. & Co., in the sum of dollars, good and lawful money of the United States, to be paid to the said W. X. and Y. Z., or their survivors, executors, administrators or assigns, for which payment, well and truly to be made, we do bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals; dated this day of ', 18 . * WHEREAS the said Y. Z. & Co. have, without consideration to them moving therefor, and solely for the accommodation of the above-bounden A. B., indorsed a promissory note made by [or, a bill of exchange drawn by dollars, bearing date the ], for upon day of 18, and payable to [with interest], days after the date thereof. NOW THE CONDITION of the above obligation is such, that if the abovebounden A. B. and C. D., their heire, executors and administrators, or any of them, shall well and truly pay, or cause to be paid, the said sum of dollars, for the payment of which the said note [or, bill] is so given, and the interest thereof, according to the tenor thereof, and in full discharge thereof, and indemnify and save harmless the said W. X. and Y. Z., their executors and administrators, and each of them, () from and against any and all liability(8) by reason of said note [or, bill], as well as against any and all suits, actions, damages, costs, charges and expenses by reason thereof, then this obligation is to be void; otherwise, to remain in full force. A. B. [Seal.] 434. Bond by a Person Carrying on Business in the Name of Another, to Indemnify the Latter from Loss or Damage. [The penal clause may be as in the preceding form, 432 or 433 to the *, thence continuing thus:] at WHEREAS the above-named Y. Z. has, at the request of the above-bounden A. B., consented that during the term of years from the date hereof, the said A. B. may use the name of the said Y. Z. in carrying on the business of which he does and is to do for his own account and profit, and not for the account or profit of the said Y. Z., but only to preserve the said business to himself, the said Y. Z. having left the same; provided, however, that the said Y. Z. may be indemnified against all damage by reason of so carrying on the said business, or his using his name therein : NOW THE CONDITION of this obligation is such, that if the said A. B., his heirs, executors and administrators, or any of them, shall well and truly indemnify and save harmless the said Y. Z., his executors and administrators, from all manner of suits, actions, damages, charges and expenses which he or they may sustain or be put to by reason of the said A. B.'s so (r) An agreement to indemnify partners against suits against them extends to suits against one of them, in a place where by' law it is not necessary that a suit be against all the partners of a firm liable. Hill v. Packard, 5 Wend., 275. (8) This will render the obligors liable upon the bond in case the obligees become duly charged as indorsers or acceptors of the accommodation paper. 1 Bonds of Indemnity. using the name of the said Y. Z. as aforesaid, or by reason of any thing relating thereto, then the above obligation is to be void; otherwise, to remain in full force. A. B. [Seal.] 435. Bond to Indemnify Tenant on Paying Rent, When Title is in Dispute. [The penal clause may be as in Form 432 or 433 to the*, continuing thus:] WHEREAS the above-named A. B. claims from the said Y. Z. rent of certain premises in [briefly designating them]-to wit, day of dollars, due on the 18 [and quarterly thereafter]; and one M. N. also claims some title to said premises, and to be of right entitled to said rents, or some part thereof: Now the CONDITION of the above obligation is such, that if the above-bounden A. B. and C. D., their heirs, executors and administrators, or any of them, shall well and truly, at all times, indemnify and save harmless the said Y. Z., his heirs, executors and administrators, from and against any and all actions, suits, damages, costs and expenses for or by reason thereof, then this obligation is to be void; otherwise, to remain in full force. A. B. [Seal.] C. D. [Seal.] 436. The Same, Another Form; Requiring Recovery Against the Tenant. [The penal clause may be as in Form 432 or 433 to the *, thence continuing thus:] WHEREAS an action is now pending between the above-bounden A. B. and others touching the right, title, and interest to and in the [designating premises] now occupied by situate, etc.; and whereas the said Y. Z. has agreed to pay the rent of the said [house] to the said A. B.-to wit, the sum of yearly, as the same shall grow due: Now THE CONDITION of the above obligation is such, that if the above-bounden A. B. and C. D., their heirs, executors and administrators, or any of them, shall well and truly pay, or cause to be paid, unto the said Y. Z., his executors, administrators or assigns, all such rent, sum and sums of money, charges and damages whatsoever, as shall by due proceedings in law be adjudged or decreed against him the said(t) Y. Z., his heirs, executors, administrators or assigns, and all other costs and damages whatsoever which he or they shall incur(u) by reason of any action, suit or forfeiture whatsoever which shall or may happen to the said Y. Z., his heirs, executors, administrators or assigns, by reason of paying the said rent, or any part thereof, to the said A. B., his heirs, executors, administrators or assigns, then this obligation is to be void; otherwise, to remain in full force. [Signatures and seals.] (t) A promise to indemnify against what one may be obliged to pay after due proceedings at law had against him, and adjudged, includes prima facie a judgment suffered by default, if done without collusion. Given v. Driggs, 1 Cai., 450; Stone v. Hooker, 9 Cow., 154. (u) This will not extend to costs and damages to which the obligee may become liable, but shall not have paid. Under an indemnity against "incurring" costs, payment must be shown. Scott v. Tyler, 14 Barb., 202. |