M'Nutt v. Dare

M‘Nutt and Cummins sued Dare in assumpsit for money had and received. Plea, the general issue. Verdict and judgment for the defendant;

Previously to the trial, Dare filed a bill in equity for a discovery against M‘Nutt and Cummins, alleging that the action at law was commenced for the recovery of a part of a sum of money, which M‘Nutt and Cummins affirmed they had advanced to Dare as their agent, for the purpose of purchasing for them a steam-engine, and which they claimed had not all been expended in the purchase; that Dare had received of M‘Nutt and Cummins 2,100 dollars, not as their agent,…