As we understand the case, it is found as a fact that Mrs. Foster did not sign the note as surety for her husband, and that the money which she promised to repay was hired not by him as a principal, but by her. Her alterable intention to give him the money did not suspend her legal capacity to hire it. The case is determined by Parsons v. McLane,64 N.H. 478.

Judgment for the plaintiff.

CARPENTER, J., did not sit: the others concurred.