Woodbridge v. Morse
5 N.H. 519
Superior Court of New Hampshir...
1831
Check Treatment
By the court.

We are of opinion, that the trustee in this case must be charged. It is true that no action can be maintained against a sheriff for money by him collected, as such, until upon demand made he has refused to pay it to the creditor. 3 B. & A. 696, Jefferies v. Sheppard.

*520And it does not appear, that the money in this caae has ever been demanded by the principal. Rut it seems †0 US; that under our statute, the trustee is to be charged, whenever it appears that he has money in his hands, which the principal has a right to receive upon demand, whether a demand has been made or not.

An attorney is not liable to an action for money by him collected for his client, until a demand has been made. 5 Cowen, 376, Taylor v. Bates; 6 ditto, 596, ex parte, Ferguson; 6 Johns. Ch. Rep. 358 ; 10 Johns. Rep. 285.

And yet it is supposed, that no doubt has ever been entertained, that an attorney, who has collected money for his client, may be charged as a trustee, although no demand of the money may have been made by the client. 12 Mass. Rep. 441, Thayer v. Sherman; 4 Greenl. 532, Staples v. Staples.

Trustee adjudged chargeable.