Dean & Chamberlain v. Allen

Per Curiam.

This action was for a tort, and not on any contract expressed or implied. Deceit was the gist of the action, and it could not have been joined with a count in assumpsit. (1 Johns. Rep. 503.) The former judgment was no bar, because this cause of action could not have been set off in the former suit, and the judgment below must be reversed.

Judgment reversed.