8 Me. 122 | Me. | 1831
after stating the facts as above, delivered the opinion of the Court as follows.
The counsel for the defendants has contended that the contract declared on is not founded on any legal consideration ; and, if it is, that damages to a small amount only if any, should have been given. A benefit to a promissor, or an injury or inconvenience to a promissoe constitutes a legal consideration. The plaintiff by his return on the writ of Henshaw & al. v. Davis & al. had made himself responsible for the logs attached or for their value, until legally accounted for to the owner; for in an action against him for the property, he would not be permitted to falsify his return and prove that he did not attach them. When, therefore, he, by his contract with the defendants, placed the property under their, control, that very fact constituted a valid consideration. Wo have no doubt oil this point.
When an officer attaches personal property, he stands responsible for it. If the plaintiff should recover judgment in the action, the officer will be accountable to him for thirty days after judgment; and, in certain cases, mentioned in the act of 1821, establishing this court, section 8, for a longer time. If the defendant should obtain judgment; then the officer will be accountable to him. In either event he will have a right to call the property out of the