Opinion
MARCH TERM, 1796.
The counsel for the defendant ( Ingersoll, Lewis Dallas) objected, that, on this evidence, the present action could not be maintained.
The counsel for the plaintiff (Rawle Wilcocks) after some remarks, and citing Doug. 132, submitted to the decided inclination of THE COURT, and suffered
THIS was an action for money had and received, c. brought by Ralston, as assignee of Dewhurst, a bankrupt, against the defendant, who had sold goods of the bankrupt, by virtue of an authority from him; but, it appeared in evidence, that no money had been received by the defendant, at the time of commencing the action.
A Non-suit.