
    Charleston,
    
      January Term, 1815,.
    James McBeth, Survivor of John Paisly, & Co. vs. Savage Smith, Administrator de bonis non of William Goddard.
    An action •will not lie against an admin, istrator de bonis nan, for a debt contracted by the administrator.
    
      Assumpsit.
    
    
      John Paisly and James McBeth kept a store at Black-mingo, during which time the former, who was the only co-partner residing there, entered in. the co-partnership book an account on which this action was founded. Before the whole account was entered, John Paisly married the widow of William Goddard, and took letters of administration on the estate. The account was raised in the name of the estate, many items of which were conceded by the plaintiff’s counsel as not proper for an estate. No credits were entered in the books of the firm, nor did Paisly render any account of this transaction to the ordinary. In 1806, the defendant, who was one of Paisly’s securities to the ordinary, petitioned to be released, upon which the administration was revoked and granted to defendant. Paisly died shortly after; and this action was brought by the survivor, to charge the estate in the hands of the administrator de bonis non, with a debt thus contracted by Mrs. Goddard and Paisly; and a verdict was found for him. Defendant moved in arrest of judgment, or for a new trial.
   Smtih, J.

This Court has in one or two instan- ... . . ces decided this principle before, that an administrator cannot contract a debt to bind the estate of his intestate. It has been settled, and on the fairest principle in the world, that the estate of the intestate can only be liable for the contracts of the intestate himself; but it would be a paradox, not to be solved by legal rules, to say that an administrator should contract a debt himself, and then he should be sued, and this debt... recovered as one contracted by his intestate. But it appears still more illegal that the administrator should contract a debt himself, for the estate of his intestate, and then make the administrator de bonis non liable in an action, * and recover it against him as a debt contracted by his intestate, when the whole transaction was long after the intestate was in his grave. This is precisely the case in the present action. I would not pretend to say that an administrator should in no case be allowed to contract debts that should bind the estate of his intestate; but if he does so, and, in many instances it is necessary he should do so, he. alone will be liable to the creditor; and his only indemnity is by retaining so much from the profits of the estate, or by applying to the ordinary, who has power to allow him. compensation for any fair counts contracted for the benefit of the estate. I therefore, of opinion that the rule should be granted.

Justices Colcock, Brevard and Grimke concurred.  