
    GENERAL COURT,
    MAY TERM, 1798.
    Dorsey's Executrix vs. The State.
    Assumpsit for liay, provender, &c. supplied, &c. for divers black cattle, Ac. A summons issued directed to the attorney general to appear' and answer on the part of tlie state.
    Case Stated.
    Vachel Stevens was appointed commissary by virtue of the act of October session 1780, ch. 2G, to collect cat. tie for the use of th® army. That in tlie year 1782, while lie actml as commissary, he sent a number of state cattle to the testator of the plaintiff, to be provided with Lay. That tiie testator did find and provide state cattle with hay, to the amount of SSÍ. 10s. 6d, as by the account exhibited into court appears; and which said sum of money wás never paid to the testator. The monies were put into the hands of tlie said Stevens, on the part of the state, to discharge the said claim, but the same was not paid or satisfied by him to the plaintiff’s testator, or to tlie plaintiff,
    
      Riugely, for the plaintiff.
    
      Martin, Attorney General.
   The Generad Court gave judgment upon the case stated, for the state. Plaintiff nonsuited.  