By the Court.
Stephens, J.,
delivering the opinion.
The non-suit was awarded in this case when the idea that the plaintiff’s own proof showed that he had been fully paid. The payment of the seventy dollars to the agent of the plaintiff by simply acquitting the agent of a debt of that amount which he owed to the defendant, was no payment to the plaintiff. A payment cannot be made to an agent who is known to be such by acquittances of the agent’s personal debts. Judgment reversed.