¶1Judgment — That the defendant did not assume and promise. It is clear that neither the vessel when, sold, or the money when received for it, were the plaintiff’s — and if the plaintiff has any remedy it must be by a special action of the case, founded upon the particular agreement.
¶2Colonel Halsey and said Clark were offered as witnesses, and it appearing that they had similar claims against the defendant, depending on the same facts, were not admitted.