
    Scarborough against Geiger.
    
      ASSUMPSIT on an acceptance of an order or inland bill of exchange.
    The bill was drawn by one Bradley, as attorney for Thompson, in favour of the plaintiff, on the defendant, as sheriff of Orangeburgh district, and payable out of the proceeds of the sale of lands, which the defendant sold as sheriff of that district, which bill was accepted by the defendant.
    The defence set up by the defendant was, that funds had never come into his hands to enable him to take up the draft.
    It came out in evidence, that the lands had been sold six years previous to the acceptance; and that, before the order was drawn, the defendant had said he would accept the draft in favour of the plaintiff, when spoken to concerning it.
   Bay, J.

observed to the jury, that as this order was drawn on, and accepted by, the defendant, six years after he had every information respecting the funds whereby to take it up, he should not now be allowed to take advantage of it, and say he had no funds, especially as it was his duty, as •sheriff, to resell the lands, if the first purchase-money was not paid, and raise the money out of it.

Verdict for plaintiff.

Sunt then gave notice of a motion for a new trial, on the ground of misdh-ecUon in the judge, but afterwards relinquished it.  