Since the decision (62 N.H. 62) that the plaintiff could not recover on the count for money had and received, he has been allowed to amend the declaration by adding a count in case for deceit, and a referee has found for the plaintiff; and in an action of debt, the referee has found a breach of the bond declared on.

Judgment for the plaintiff in both suits.

ALLEN, J., did not sit: the others concurred.