
    JOHN SMITH and MARGARET his wife vs. PETER JOHNSON.
    A declaration laying a promise to husband and wife, on a note to the wife dum sola, is good.
    The action was on a promissory note made by the defendant to Margaret Johnson, now the wife of Smith. The execution of the note was admitted, but
    
      Mr. Huffington objected to the admissibility of the note under a declaration laying a promise to Smith and wife.
    
      Mr. Bayard said the objection would be more proper in arrest of judgment. But he said the declaration was in the proper form, stating the making and delivery of the note to the wife, the obliga- . tian and consequent promise to pay husband and wife.
    The plaintiff had a verdict, which—
   The court, upon consideration, sustained, and gave judgment accordingly. -  