Carter v. Webster & Winnipiseogee Paper Co.
Supreme Court of New Hampshire
Foreign Attachment. Facts found by the court. The writ was served on the trustees January 28, 1884. The trustees had a contract with the defendant to cut and haul the spruce timber from their lot in Warren to the railroad for $6.25 per thousand. They were to furnish him with teams and tools to use in performing the contract, and make advances in money for supplies.
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Foreign Attachment. Facts found by the court. The writ was served on the trustees January 28, 1884. The trustees had a contract with the defendant to cut and haul the spruce timber from their lot in Warren to the railroad for $6.25 per thousand. They were to furnish him with teams and tools to use in performing the contract, and make advances in money for supplies. At the completion of the contract, or at the end of each logging season, if the trustees chose, the defendant was to take the teams and tools and pay the price originally agreed upon and charged, or return them to the trustees and…
1Opinion of the CourtSmith, J.
This is an equitable proceeding. In the absence of fraud, a trustee can be charged for only what, at the time of service, or afterwards, is equitably due to the defendant. Proctor v. Lane, 62 N. H. 457, 463 ; Forist v. Bellows, 59 N. H. 229 ; Brown v. Warren, 43 N. H. 430; Rand v. Railroad, 40 N. H. 79, 87; Swamscot Machine Co. v. Partridge, 25 N. H. 369, 373, 374. He can in general be charged for such sum only as the defendant could recover of him.
Here there is no suggestion of fraud, and the question is, whether at the time of service, or afterwards, the defendant could, under the contract,…
2Cases cited2 opinions
- Forist v. BellowsSupreme Court of New Hampshire · 1879
- Proctor v. LaneSupreme Court of New Hampshire · 1883
3Cited by4 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Eastham v. HoltWest Virginia Supreme Court · 1897
- National Revere Bank v. Bay State Shoe Fastening Co.Supreme Court of New Hampshire · 1892
- Wallace v. Glasgow Investment Co.Supreme Court of New Hampshire · 1894