4. Assumpsit, action of, § 92*—when instruction is misleading. An instruction that a $600 item in a hill of particulars was based upon a certain check for that amount in evidence, held misleading , in an action to recover for money loaned in which such bill of par- ¡ ticulars was filed, as in order to sustain that item it would be necessary not merely to show the check but also that it was an advancement or loan to the defendant.
