Opinion
Decided June, 1900.
ASSUMPSIT. Trial by jury and verdict for the plaintiff.
Ira Colby Son, for the plaintiff.
Brown Dana, for the defendants.
The defendants excepted to the court's refusal to instruct the jury that the consideration of a promise to pay the debt of another must be expressed in writing. This is not an open question, for it has been held for more than a quarter of a century that it need not be so expressed. Britton v. Angier, 48 N.H. 420; Lang v. Henry, 54 N.H. 57, 59; Goodnow v. Bond, 59 N.H. 150; McDonald v. Fernald, 68 N.H. 171.
Exception overruled.
PARSONS, J., did not sit: the others concurred.