
    GENERAL COURT,
    (E. S.) SEPT. TERM, 1799.
    Leatherbury vs. Bennett.
    Assumpsit. The declaration contained three counts. 1st. Money had and received. 2d. Money paid away and expended. And 3d. Money lent. The defendant pleaded the general issue.
    
      Martin, (Attorney-General,) and JDashiell, for the defendant,
    offered in evidence to the jury a receipt passed by William Polk, esquire, to the defendant, for money paid to him by the defendant for the plaintifffs use, and had a witness ready to prove Mr. Polk’s hand writing. Mr. Polk being still living.
    
      
      Key and Bayly, for the plaintiff, objected; and
   The Court were of opinion that such evidence could Hot be received. Mr. Folk was living, and the best evidence of the receipt of the money.

A juror was withdrawn by consent, and the case discontinued, without costs.  