¶1were of opinion that the action *93for money had and received was supported. MARSHALL, Circuit Judge, contra.
¶2Judgment for tile plaintiffs. Overruled by the supreme court of the United States, in Mandeville v. Riddle, 1 Cranch [5 U. S.] 290.
¶3See the grounds of this ojnnion at length in 1 Cranch [5 U. S.] Append. 367.