
    [Merrimack,
    June, 1883.]
    Smart v. Gale. Same v. Same.
    
      J. Y. Mugridge and Grould Sf Martin, for the plaintiff.
    
      Leach Stevens and Barnard $ Barnard, for the defendant. •
   Doe, C. J.

Since the decision (62 N. H. 62) that the plaintiff could not recover on the count for money had and received, he has been allowed to amend the declaration by adding a count in case for deceit, and a referee has found for the plaintiff; and in an action of debt, the referee has found a breach of the bond declared on.

Judgment for the plaintiff in loth suits.

Allen, J., did not sit: the others concurred.  