“This was an action to recover the freight due for the carriage of a parcel of hides, from Maldonado to Philadelphia, shipped at that port, and deliverable as per bills of lading to A. Curcier of Philadelphia, or to his assigns, he or they paying freight. The declaration contains two sets of counts. One upon a special promise made by the defendant to Mr Von Lengerke, the agent of the plaintiffs, in the following terms: ‘as soon as you shall have adjusted the freight with A. Curcier, I will pay you, if he does not.’ 2. Upon the carriage and delivery of the said hides to the defendant, the assignee of the bills of lading. The promise stated in the first set of counts, was proved precisely as laid by the deposition of Mr Von Lengerke; who also proved, that the freight had been adjusted with Mr Curcier, and amounted to the sum of $1823 32 cents, which has never been paid by him. On the part of the defendant, it was proved, by two witnesses, that they were present at two conversations between Von Lengerke and the defendant, the one prior to, and the other after the delivery of the hides, at both of which, the defendant refused to become security for Curcier, or to guaranty the payment of the freight, and utterly denied his having ever entered into such engagement.”