1778-03-03 (static/transcriptions/1778/03/004.jpg)

practice in Bengal, to use the name of another Man, instead of his own. At the return trial of the Cause Impey had directed a Non-suit, saying the Witness proved the money was not due to the Plaintiff, but I objected to it, saying I apprehended the action was right, for that the legal interest was in the Plaintiff, though when he had got the money he was bound to pay it the Man really interested, for whom he was in effect a Trustee. I said I thought it the more material to support this action because the case was so common. Chambers not being present at the Trial, Impey deferr’d giving Judgment, and afterward stated the case to Chambers, and then took time to consider till this Term.