No. 24—2293.

#### George W. Cothran et al. v. George H. Harlow.

This was an action of assumpsit brought by George H. Harlow against George W. Cothran and Jennie W. Cothran, the declaration consisting offiy of the common money counts. At the trial, which was had before the court, a jury being waived, the plaintiff dismissed his suit as to said Jennie W. Cothran. Ho propositions were submitted to the court to be held as the law in the decision of the case, but the court, after hearing the evidence, found the issues for the plaintiff, and assessed his damages against defendant, George W. Cothran, at $7,000, and for that sum and costs the plaintiff had judgment. Affirmed.

Judge below, Elliott Anthony.

Attorneys, for plaintiff in error, Mr. Jno. Jewett ;

for defendant in error, Mr. R. A. Childs,

Opinion filed March 31, 1886.

Opinion Per Curiam.