
    John Bogert, plaintiff in error, vs. Harrison W. Morse, defendant in error.
    
      —Judgment affirmed.
    
    E. Van Burén, for plaintiff in error;
    B. W. Franklin, for defendant in error.
   It seems, that where one party receives money from another, and there is no explanation of the fact, the presumption is that it is received as payment and not as a loan. (Reported, 1 Comstock, 377.)  