without expressing an opinion in regard to the *19special counts, held, upon the authority of Grant v. Vaughan ln particular, that the action was sustainable upon the count for money had and received, and they referred to Bullard v Bell, 1 Mason, 243, and the cases there cited, in corrobo ration of their decision. See also Pierce v. Crafts, 12 Johns R. 90.

Judgment according to the verdict.