29 Vt. 169 | Vt. | 1857
The opinion of the court was delivered by
The only question in the present case is whether the liability comes within the statute of frauds. And
Something is said in argument in regard to the defendant’s undertaking being upon sufficient consideration; but in the view we take of the case there can be no question of the consideration; and, as it became the sole^debt of the defendant, we see no objection to the recovery in this form of action.
It is obvious to us that the county court gave the same construction to the report which we have done, and that construction of the court to whom the report is made is one which ordinarily this court would feel bound to adopt.
Judgment affirmed.