Newbern,

March Term, 1791.

#### STANLY’s EX’R. versus HAWKINS.

.

AT May term, 1790, the jury found, in this case the following special verdict, to wit:

“ The jury find that the defendant as commercial agent for the " state of North-Carolina, did purchafe of John W. Stanly, and Co. " on the 3d of June, 1780.

" One Hhd. rum, 110 galls. at £. 50, £. 5500.

" On the 27th 112lb. coffee, at £. 10, 8 1164 16

" 2 ¾ lb. of Cassise soap, at £• 8, 22

" Amounting in the whole to £. 6686 16

“ Equal as per scale of depreciation, to £. 89 3

“ And on July 8th, of the same year, seven “ hhds. rum, containing 800 galls. at “ £. 48,000, equal as per scale of de- “ preciation, to . . . £• 533 68

" The debit amounting in the whole to £ 622, 8

" They also find that the said Benjamin Hawkins hath paid to " the plaintiff, on the 6th day of July, 1780, a warrant for " £. 20,200, equal per scale to £. 224 8 10, and 580 dollars in "specie, leaving a balance due to the plaintiff, of one hundred and " sixty-six pounds and ten pence.

" Whether the law be for the plaintiff or defendant, upon the " facts aforesaid, the jury pray the advice of the court. If the " law be for the plaintiff, they find the defendant did assume and as" sess the plaintiff's damage to one hundred and sixty six pounds " and ten pence: if for the defendant, they find the defendant did " not assume."

And at this term, the Court,

Ashe, J. and Williams, J.

gave judgment for the defendant.