
    
      March Term, 1796.
    Ralston Assignee versus Bell.
    THIS was an action for money had and received, &c. brought by Ralston, as assignee of Dewhurst, a bankrupt, against the defendant, who had sold goods of the bankrupt, by virtue of an authority from him ; but, it appeared in evidence, that no money had been received by the defendant, at the time of commencing the action.
    The counsel for the defendant (Ingersoll, Lewis & Dallas)
    
    objected, that, on this evidence, the present action could not be maintained.
    The counsel for the plaintiff (Rawle & Wilcocks)
    
    after some remarks, and citing Doug. 132, submitted to the decided inclination of the Court, and suffered A Non-suit.
     