
    Andre Matthieu vs. William Nixon.
    Where the plaintiffs declaration contains three counts, (I) as endorsee, (2) for goods sold and delivered, and (3) quantum valebant, he is not confined in his evidence to any particular one.
    Assumpsit.
    This was a motion to set aside a nonsuit ordered by Mr. Justice Gantt,
    
    Because the presiding judge was wrong in confining the plaintiff in this case, in his proof, to the first count in his declaration against the defendant as endorser, saying that as the plaintiff had sued as endorsee, he therefore could not give evidence in support of the second count, which was for goods, &c. sold and delivered, or on the third, which was for their value in the usual form of a quantum valebant.
    
    
      J. Carter, for the motion.
    
      J. C. Carter, contra.
   Mr. Justice Gantt

delivered the opinion of the court.

A new trial is ordered in this case, on the ground taken in the brief; the court being of opinion that it was competent for the plaintiff to offer the evidence which was overruled by the court.

Justices Colcock, Richards on and Huger, concurred.  