Demott against Field, administrator of Field

*Demott against Field, administrator of Field. ALBANY, Feb. 1827. Counts on an°mfntestlt^ and on a promise from the administrator, sideration arising after the intestate’s death, cannot be joined in the same claration. andthere be a general report of referees, or general verdict 1% tíie, Plam; tier, judgment will be arrested" - Motion in' arrest of judgment. The "declaration- contained four counts: the two first, in assumpsit on promises 0f the intestate; and the two last on promises of the defenaant, as administrator, to pay for funeral expenses of intestate. The cause was referred, and a general :report was made in favor of the plaintiff, without distinguishing on which Set of-counts, whether those upon the promises of the intestate, or the' defendants. W. T. M'Coun, for the motion, relied on Myer v. Cole, 12 John. 349. T. C. Pinckney, contra, [MAJORITY — Curia, Per Savage, Ch. J.] Curia, Per Savage, Ch. J. 'The case óf Myer v. Cole, is in point for the motion. The different sets of counts, two being on promises of the intestate, and two on those of the defendants, for a consideration arising after the death of his intestate, require ‘ different judgments; the first, de bonis intestatoris; the last, de bonis propriis. And though the estate of the intestate in the defendant’s hands would be liable over, to the satisfaction of the claim for funeral expenses ; that does not alter the form of proceeding. The defendant would be liable on the promise charged upon him, whether he has -property of his intestate to answer it or not. Judgment: arrested.