. Foreign Attachment. Trial by jury of the question of chargeability of trustee. The plaintiff claimed to hold the trustee for the value of a stock of goods and other property, sold by the defendant to the trustee, February 28, 1887. The trustee’s deposition, taken by the plaintiff, showed that he was chargeable for a small sum due the defendant for the keeping of his horse. The jury returned a verdict charging the trustee in the sum of $18 for keeping the horse.
Good law ✅— No negative treatment on recordhow we know
Decided 1889-12-05
How this case has been cited
Cited by 4 later decisions — most recently July 1960
1 federal appellate · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
If the question of costs is open to revision (G. L.,
c.
249, s. 49;
Nutter
v.
Varney,
64 N. H. 334) the plaintiff is not entitled to costs against the trustee. The trustee was the prevailing party. Upon his deposition he was chargeable for the board of the horse after February 28, 1887, and the jury found him chargeable for no more. The fact that by reason of the lapse of time the board amounted to a larger sum at the time of the verdict than when the deposition was given does not make the trustee chargeable with costs under G. L.,
c.
249, s. 26.
