Where an agent received money from his principal with specific instructions to pay it to a certain creditor, which he failed to do, but made a different application of it for the principal's benefit, and the creditor made no demand upon such agent until after he had parted with the money, and accounted for it with the principal; Held that the creditor could not look to the agent for such money. ( Strayhorn v. Webb, 2 Jon. 199, Draughan v. Bunting, 9 Ire. 10, and Ingram v. Kirkpatrick, 6 Ire. Eq. 463, cited and approved.) ASSUMPSIT, tried before Tourgee, J., at Spring Term 1869 of the Superior Court of CHATHAM.