The defendant’s counsel objected, that on this declaration the plaintiff was not entitled to recover. The receiving of the land warrants and surveys was not a consideration to raise a debt or promise. General indebitatus assumpsit will lie only where debt lies. Here the remedy should have been by special assumpsit, as in the case of the recovery of money won at play. 6 Mod. 128, 129. 12 Mod. 69.

The court declaring the same opinion, the plaintiff suffered a nonsuit