¶1The law was correctly laid down by the learned Court below in their answers to the defendant’s fourth point, and the question of fact in the case was fairly submitted to the jury. The other assignments contain no material questions, and there is no doubt that the plaintiff, having declared against the defendant as administrator and trustee, the contract having been made by him was no reason why a recovery should not be had against him de bonis propriis.
¶2Judgment affirmed.