The court is precluded from considering the judge’s charge by the verdjet on the general issue. It is found by the jury that the defendant’s testator did not assume ; which puts the other issue, on the statute of limitations, and the instructions of the Superior Court on it out of the question. As the existence of the debt is negatived, the judgment must of course be affirmed: To this Morisey v. Bunting, (ante 1 vol. 3,) besides other cases, is a direct authority.

Per Curiam.--‘Judgment appirmed.