Wimbish v. Blanks

Citations

• 76 Va. 365
• 1882 Va. LEXIS 40

Syllabus

<p>1. Trustee.—Failing merchant assigns his goods and dioses in action to a trustee for his creditors. The goods were scheduled at $1,301.07, but sold for $775.83.</p> <p>Held :</p> <p>Under the circumstances, trustee is not liable for difference.</p> <p>2. Idem—Burden of proof .—Certain dioses were reported by commissioner as “¡doubtful” at date of assignment. Before trustee can be charged therewith, c. q. ts. must prove that those dioses might have been collected by due diligence.</p> <p>3. Idem—Personal representatives.—Liability of trustee for collection of dioses in action would seem different from that of personal representatives, as laid down in Crouch v. Davis, 23 Gratt. 62.</p> <p>4. Practice—Costs.—Except in case of palpable error, this court, affirming a decree on its merits, will not reverse it with respect to the costs.</p>