Old v. Fee

The defendant is sued on an alledged assumption of his to pay a debt of the estate of the late husband of his step daughter. He pleaded the general issue, and the judgment of the parish court is that it has not been satisfactorily proven that the defendant assumed the payment of the plaintiffs’ claim. They appealed.

A close examination of the testimony does not enable us to say that the plaintiffs’ case is clearly supported. The plaintiff’s demand must be fully proven or he cannot recover. It is not enough for him, that he render his case probable. When a defendant is alledged to have…