
    GENERAL COURT,
    MAY TERM, 1793.
    Adam Ott against Joseph Chapline.
    THIS was an action of assumpsit, brought by the plaintiff, who had been sheriff and collector of taxes. The declaration contained two counts, one for money advanced, laid out and expended, &c. the other an insimul computasset. The plaintiff filed his account, charging the defendant with public taxes, execution and officers’ fees, which had become due while the plaintiff Avas sheriff and collector. Plea, non assumpsit.
    
    Mason, for the plaintiff,
    
      Key, for the defendant,
   The Court,

in this case, determined that the plaintiff, being a collector and having taxes to collect from the defendant, but having omitted to levy them as empotvered, and having afterwards paid the amount of them over to the public, is entitled to support an action for money paid at the defendant’s request.  