cial! ruled ind adjudged in the t t. mon 8fP¢n#j}lv•nk,inone . Atthetimethe ' " J3* was &uted moneypwadt depreciated, adm for one. The plaintiff inliiled that the whole fum ihonld he paidin f ie, andolfered to prove that Alam Hut, inhis life time, inliisned a Scrivcner, that the money he had received was atgood to himasgoldandiilverg thatit wasfo, ineEe£t,t¤ the plaintif; that he was feniible thathe ought to payber fpecie, and deiired the Serivenerto draw a writing to fecure ittand that Hm: died foou after, before he had an opportunit of execut- ing any inltrument to fecure it to the plaintill The defendant oppofed the admiilion of this evidence : And Br run Conar :—'I`his would be, in effec}, altering thecon· tra&, and increalin the value of the money, in d1re& op- poiition to the a& of Ailembly. It is fettled in the cafe of Lu and Biddb * that fuch evidence {hail not be received. The evidence {lated, is not to explain the contraét, but to prove a new and a diferent one : And if fuch an ofer as is mentioned created any legal obligation, a diferent fuit mult be brought to nforce it. The witnefs, therefore, mult be rejected. The plaintif thereupon fufered a nonfuit. Iucaaxuu, Indorfee v. Guns, ¢. all l, /.3 HIS was an a&ion brought on two Bill: of Exchangl; 2,0 . and upon the trial the ollowing fa£is appeared :— e lfwle endants were the eoniignees of Cornelia: Srbmlbog/E of Jn- 3 Vzjwdam, who had fent a conliderable quantity of goods to them, I to be fold on his own rifque and account, with orders •* to ru mit the proceeds in good bills of exchange, or in merchaudize, as they lhould think belt." The oonlignment being fold, and the defendants having remittances to make on account of other agencies, purchafcd a bill from Bq]? if Saver, (a commercial houfe of Pbiladrhalvia, at that time in perfeé credit) drawn on Hm Breinim if San: of dnyferdam, for pgooeguilders, which they tranfmittcd to R. H. Partruer, their corr pondcnt at that place, and appropriated the amount in the following manner: ‘ Guild. Stir:. To Partner, 2lgo 16 W andmburg, 5 I0 to Vandeigqm, 250 Ssbenllxup, 1 $44 to The Defendants, ccc being the balance, 3 At 2} 7 Dall. 1 35. But fee, likewife, D¢ll• :67. Hollingsworth ner: mx _; e.
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