2 La. Ann. 932 | La. | 1847
'The judgment of ¡the court was pronounced by
The plaintiff alleges that he entrusted to the defendant-a quan■tityiof cotton to be ginned and-baled for-the plaintiff, for which service payment was to be made; and that the,defendant has sold the same,-.or converted it to his.own use. -He asks for judgment fonthe return of the cotton, or its -value. The defendant,answered by,a general denial, and a plea in compensation. At •the trial of theicause.the defendant offered a witness to ¡provehis claim,in com¡pensation ; but this testimony-was rejected.
On examining the answer and plea in compensation, ¡we find it defective in ¡that certainty-which is required in sucha-plea-. The plea is that the defendant .has,-paid, as surety ¡for the,plaintiff’s wife, a certain obligation, against which ,tho plaintiff promised and was bound to.hold him,harmless,and upon which-ob'ii
The claim of the plaintiff was proved. Judgment .ciflirmed.