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BROWN v. FOWLER a.

YOUNG, J.

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.

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BROWN v. FOWLER
(Jun 1, 1900)