9 La. 108 | La. | 1836
delivered the opinion of the court.
The plaintiff sues for the amount of a promissory note and a balance due him for wages, as clerk, by the defendant’s testator, as shown by the note and account annexed to the petition. The defendant having answered by a general denial, offered in the progress of the trial to'show by written x . J evidence, that the plaintiff had received various sums of money to a greater amount than was admitted in his account. The evidence was rejected on the ground ’that payment or compensation ought to have been pleaded. A bill of exceptions was taken, from which it further appears that the defendant declined an offer to permit him to amend his answer, and add a plea of payment or compensation. We think the court did not err. In the case of Gleises vs. Faurie et al., we held that payment must be pleaded. 6 Louisiana Reports, 455.’ The plaintiff who had admitted credits in his
It is, therefore, ordered, adjudged and decreed, that the judgment of the Court of Probates be affirmed, with costs.