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.