Suit for money had and received, &e. Answer in denial. Cause submitted by agreement. Judgment for the plaintiff.

The evidence sustains the judgment; and the whole ease was triable under the general denial.

On the filing of the complaint, the defendant demurred to it; but before the demurrer was acted upon, he answered over. The answer was a waiver of the demurrer.

The judgment is affirmed with 10 pér cent, damages and costs.