Shaw, C. J.
The rule, that a promissory note may be given in evidence under a count for money had and received, proves that such declaration embraces such cause of action, and that the offer of the notes is not the introduction of a new cause of action. The pleading, and the proof, and the course of trial, are the same, whether a cause is defended by he original defendant or by a subsequent attaching creditor.
Exceptions overruled,.