McFayden

The complaint alleges that on the twenty-fifth day of November, 1919, “the plaintiff delivered to the defendant for hire” a truck; that continuously thereafter until the sixth day of September, 1920, the defendant “had the possession of said truck, and during such period of time used the same on and upon the public streets and highways of said town, and in the municipal work thereof; that, on or about the said 6th day of September, 1920, defendant notified plaintiff that it would redeliver the possession of said truck to him, and thereupon plaintiff did receive the possession thereof from defendant; that the sum of $5160 was and is a reasonable sum for hire of said truck during the aforesaid period of time”; that the plaintiff duly filed and presented his claim for said sum, but that the trustees of the defendant refused to allow any part thereof; that “at the time of the creation of said indebtedness and at the time (of) the presentation of the claim therefor . . . there were funds in excess of the available money in the treasury that could have been legally apportioned and appropriated for the purpose of paying said claim”; and that plaintiff has been paid but $500 of said…