This day come the parties, and thereupon came a Jury to wit:— Joseph Fuller Jr. Nathaniel Moore, Henry H. Ford William C. Stannard, Nathan P. Goodell, William Phillips, Dexter Otis, Thomas Clapp, Gurdon W. Huntington, Collins Morse, William C. Matthews and John H. Wooding, who being duly empannelled and sworn do say that the def[endan]ts did not assume and promise as the pl[ainti]ff hath alledged, It is therefore considered by the court that the defts recover of the plff this their costs. The plff gives notice of appeal. [p. 407]