Superior Court of New Hampshire July 15, 1852 (Warren v. Buckminster)

Eastman, J.

On comparing the evidence in the case with the first count in the plaintiff’s declaration, it is quite probable that that count sets forth very nearly the true bargain between the parties. But the plaintiff’s evidence failing to sustain that count, he relies, as he had a right to do, upon his second count, which is a general one for money had and received.