“Action of assumpsit by the president and directors of this company upon a note of hand, dated the 3d of September 1817, made by T. Burr, payable to defendants, one hundred and twenty days after date, negotiable at the bank of the plaintiffs, where it was discounted. On the 3d of January 1818 the note was regularly protested, according to the provisions of the act of incorporation of the state of Maryland. The defendants gave in evidence, without opposition, (the plaintiffs’ counsel reserving the right to question its admissibility on the argument of the cause to the jury), that, at the time this note was discounted, the plaintiffs, agreed that, when it came to maturity, the plaintiffs would charge the amount to Burr, the maker, (who was then engaged in constructing a bridge across the Susquehanna for the plaintiffs), if they were then indebted to him in a sum equal to the amount of the note, and hot look to the defendants for payment. The contract, proved by a witness of the plaintiffs, was, that if, when the bridge should be finished, there should be a balance due to Burr, equal to the amount of this note, it should be charged to him, and that they would not' look to the defendants.”