Hugles versus Drinkwater.
AN action of Account by William Hugles against Thomas Drink-water, for receit of eighteen pounds,* 1.1 by the hands of one William Appowell, to the use of the Plaintiff, the Defendant plead Ne un∣quer receivor per manus, &c. and found or the Plaintiff: And the De∣fendant before the Auditors plead, that he by the appointment of Willi∣am Appowell had paid it to one John Marsh for the Debt of the Plain∣tiff, and therupon Demurrer. And adjudged a bad Plea, and against his former Issue: And the said Appowell by whose hands he received the said summ, had not any power to appoint the Defendant to pay it to John Marsh, to whom the Plaintiff was indebted; and if that had been pleaded in Bar, of the Account to have been done by the appoint∣ment of the Defendant, it had been a good Bar, vide Dyer 29. 196. after ne unques receivor, and the truth was that he had been Receiver, and had paid it over by the appointment of the party, and yet by this Plea be hath lost the advantage therof.