Plaintiff propounded the following interrogatories to the defendant. “Did you receive the twenty-two bales of cotton consigned to you in the annexed bills of lading? Have you sold them? If yea, when and to whom, and at what price?” To these interrogatories the defendant answered: “He did receive twenty-two bales of cottonfrom W. C. Watson, the overseer ofaplantation called Deahl’s plantation,1 which was said to belong to the succession o£Slaughter : That said Watson acted as overseer, and had the management and control thereof, with the knowledge and consent of the legal representatives of the said succession; and that Watsoninformedthedeponentthatcertainsupplieswerenecessan-y bo carry onthesaid plantation, and the hiring of certain negroes, of which deponent had the control, was necessary to save the then growing crop; that this took place about tjie 5bh of August: That deponent is certain,• from his own knowledge of the affairs of said plantation and the means of the succession, that this information was correct: That he accordingly agreed to furnish the necessan'y supplies} and to hire the negroes, with the understanding tiiat Watson was to send him the cotton made on the plantation for sale, and,that lie wastobe reimbursed out of it: That deponent did furnish the supplies, as charged in his account filed with this answer, and did hire the negroes as therein changed, making the sum of $1406 48 : That Watson never sent him but the twenty-two bales above mentioned, which were sold to Messrs. F. M. Weld Sf Co.,- as per thé annexed account of sales, and amounted to the nett price of $555 80, after paying bl\6 changes upon the same, which left a balance still due him of $850 68.-” The motion of the plái'ntiff was, to Strike out that port of the answer prined in italicsK.»