Cram v. Shackleton
Supreme Court of New Hampshire
Foreign Attachment. The writ is dated March 3, and was served on the trustee March 4,1884. At the February term, 1884, the defendant was ordered to file a bond in $200, as security for costs in a bill in equity pending in his favor against Cram. Instead of filing a bond, he deposited $200 in money with the trustee, stating to him at the time that $175 of it was furnished by James T. Johnson for that purpose.
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Foreign Attachment. The writ is dated March 3, and was served on the trustee March 4,1884. At the February term, 1884, the defendant was ordered to file a bond in $200, as security for costs in a bill in equity pending in his favor against Cram. Instead of filing a bond, he deposited $200 in money with the trustee, stating to him at the time that $175 of it was furnished by James T. Johnson for that purpose. Cram had judgment at that term for $20.66 costs, which by order of court was paid out of the money deposited. James T. Johnson was interested with the defendant in certain patents, and…
1Opinion of the CourtAllen, J.
It is conceded that the trustee is chargeable for $4.34, the question here being as to the $175. If the $175 in the trustee’s hands was Shackleton’s money, the trustee is chargeable for that sum; otherwise not. Both Johnson who furnished the money, and Shackleton who deposited it, understood it was Johnson’s. Chesley v. Coombs, 58 N. H. 142. And the trustee, at the time of the deposit, had notice that it was Johnson’s. It was given by Johnson to Shackleton to use for a particular purpose for Johnson’s benefit, and Shackleton’s misappropriation of the money did not any the less make it…
2Cases cited1 opinion
- Chesley v. CoombsSupreme Court of New Hampshire · 1877
3Cited by4 opinions
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