By the Court.
It is clear, that the bill was neither paid nor received in satisfaction of the precedent debt, but upon the condition of its being honored : it has not been honored ; consequently, the parties are in the same situation, as if it had never been drawn ; and the plaintiff (who was, in fact, agent for the drawer, and to receive the money as his servant) cannot be entitled to recover damages. See Dehers et al. v. Harriot, 1 Show. 163. The same point was determined in Watts v. Willing, tried the last term,
Upon this opinion, judgment was entered, by agreement of the parties, for the principal of the original debt, and interest from the time that the account between them was liquidated.
2 Dall. 100; s. p. Keppele v. Carr, 4 Id. 155; and see Evans v. Smith, 4 Binn. 866; Brown v. Jackson, 1 W. C. C. 512; 2 Id. 24