¶1Whether the defendant will be liable to the plaintiff on a trial on the merits, cannot now be determined. But the plaintiff is not entitled to a judgment under the provisions of the acts of 28th March, 1885, and 11th March, 1836, either for want of an affidavit of defence or for want of a sufficient one. The latter act is confined to express contracts for the loan or advance of money. This is not the nature of the contract, if there be any, in this case.
¶2Rule discharged.