
    The Middlesex Turnpike Corporation versus Timothy WALKER.
    Same points decided as in the preceding case.
    This action was similar to the preceding one by these plaintiffs against Sivan, and was tried at the sittings here after the last November term, which were holden by Parker, L, whose report of the evidence states that the facts in the two cases were the same, except that Walker was a subscriber for three shares only, and that lie did not sign the petition referred to in the last case ; but he was chosen and acted as a director of the corporation for the year 1807, which was after the passing of the statute authorizing alterations in the course of the road.
    If the Court should be of opinion that the acceptance and discharge of the office of director, as above stated, was sufficient evidence of an assent to the alteration on his part, and of his waiving any right to be personally exonerated from the contract, judgment was to be entered on the verdict found for the plaintiffs; otherwise the verdict was to be set aside, and the plaintiffs to become nonsuit.
   * Per Curiam.

This case is within the principles [*391] upon which the case of this corporation against Swan has just been decided. Indeed, there is less in this case than in that of the circumstances upon which the plaintiffs have argued an implied continuation- of the promise to pay, and their title to enforce this collateral- remedy, as applicable to the new road not in contempla tion when the defendant promised to pay the assessments, to which his shares should be liable.

Plaintiffs nonsuit  