Winthrop v. Jarvis

Citations

• 8 La. Ann. 434

Syllabus

<p>An executor may bind himself individually for a debt of the succession; and where the promise is made to pay the debt at a specified time, it is not merely an acknowledgment of the debt, but is a contract which may be enforced against him individually, although the promise be made by him in an instrument in which he describes himself as executor.</p> <p>Defendant pleaded certain claims in reconvention, but evidence in support of them was excluded, on the ground that they were not connected with plaintiff’s demand. By the Cowrt:—We think it should have been distinctly alleged in the reconventionai plea that the obligation signed by defendant was the result of a general settlement which was intended to embrace all debts and accounts between the parties. The evidence was, therefore, properly excluded.</p>