
    West against Jones.
    Assumpsit cannot be maintained by a contractor, for work done for the state of Pennsylvania, against the superintendant: he is a public officer, and accountable only to the Commonwealth.
    ERROR to the district court of Allegheny county.
    Nicholas West for the use of his trustee against Samuel Jones. The plaintiff was a contractor for work upon the Pennsylvania canal, and obtained a final estimate for 376 dollars 31 cents. The defendant was the superintendant of the work, and the disbursing officer of the state. After the' work was completed, he paid the estimate to Samuel Kinley for the plaintiff. Upon the allegation that this was an erroneous payment this suit was brought.
    
      Grier, president, ruled that the action could not be maintained, and directed a verdict for the defendant.
    
      Findlay, for plaintiff in error.
    
      Lowry, contra,
    
    cited 8 Cowen 191; 2 Com. Law Rep. 432; 10 Com. Law Rep. 192, 302; 7 Com. Law Rep. 78; 4 Taunt. 190.
   Per Curiam.

The defendant was only an instrument in the hands of the government to make payment in its name. The debt was not his, nor is he personally liable for it.

Judgment affirmed.  