¶1The question for the jury under the issues raised by the pleadings was “ did the defendant guarantee the payment of the debt in question ” ?
¶2That question was decided in the affirmative. The defendant’s liability to pay such debt was established.
¶3The defendant upon this appeal contends that the proper writing whereby the defendant guaranteed such debt was not subscribed by him as required by the Statute of Frauds.
¶4We think that such contention cannot aid the defendant, because his answer failed to plead the statute referred to, which he should have done if he wanted to receive the benefit of that statute.
¶5We think the judgment was right and must be affirmed, with costs.
¶6Conlan and O’Dwyer, JJ., concur.
¶7Judgment affirmed, with costs.