Principal and surely — Bonds — Injunction bonds — Damages — Natural and proximate result of injunction — Attorney's lien — Bailor and bailee — Conversion or destruction of bailed property.
1. In an action on an injunction bond, plaintiff is entitled to compensation only for those losses which were the natural and proximate result of the injunction.
2. In an action on an injunction bond, in which it appeared that plaintiff, an attorney at law, had been restrained by an injunction from transferring a certain stock certificate, then in his possession but belonging to a client and upon which he claimed a lien for professional services, judgment n. o. v. was properly entered for the defendant surety, where there was no evidence to show that the injunction caused the stock to depreciate in value, or that the stock had any value when plaintiff obtained his judgment against his client or at any time between that date and the dissolution of the injunction.
3. The rule that a bailee in possession of personal property, is entitled, as against a third party, to recover the full value of the bailed property in case of its destruction or conversion by the third party, the bailee being liable over to the bailor for any damage recovered in excess of his interest, was not applicable in this case. Attorney and client — Lien — General lien — Enforcement by sale — Act of December 14, 1863, P. L. 1127.
4. An attorney's general lien is the right to retain possession of documents, money, or other property of his client coming into his hands by virtue of the professional relationship, until he has been paid for his services.
5. Such lien is merely passive and may not be enforced by sale.
6. The Act of December 14, 1863, P. L. 1127, is not applicable to an attorney's retaining lien.
Argued May 24, 1937.
PER CURIAM, June 25, 1937:
The judgment is affirmed on the opinion of CUNNINGHAM, J., reported in 125 Pa. Super. 597.