348:3 Suit on Bond. –
Whoever is injured by the failure of a public warehouseman to perform his duty, or by his violation of any of the provisions of this chapter, may bring an action for his own benefit, in the name of the state, on the bond of such warehouseman. The writ shall be indorsed by the person in whose behalf such action is brought, or by some other person satisfactory to the court; and the indorser shall be liable to the defendant for any costs which he may recover in such action, but the state shall not be liable for costs.