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Moses had four notes from Jacob dated 1757 each with a value of 30s. Macpherlan prevailed upon Moses to indorse the notes to him upon an express agreement of indemnification to Moses against all consequences of such indorsement and that no suit should be brought against Moses but only against Jacob the drawer. Macpherlan then brought four actions in equity against Moses upon the very notes he promised to indemnify Moses from. At trial, the court refused to go into any evidence of the agreement, and Macpherlan recovered the whole sums. Moses (P) then brought indebitatus assumpsit against Macpherlan (D) for money had and received to his use.

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