Larco

This action is founded on an instrument in writing in a foreign language, made by one Ihmels, the defendant’s testator, in February, 1851, to the plaintiff; wherein, after acknowledging an indebtedness of eleven hundred and fifty-eight dollars to the plaintiff, he promises to pay it “when my circumstances hereafter may permit me”; or as the plaintiff’s counsel claims is the correct translation “when my future circumstances shall permit it. ” Ihmels died in October, 1866, leaving a will, which was duly probated, wherein the defendant was appointed executor, and duly qualified as such. The plaintiff duly presented his demand to the executor for allowance, who refused to allow the same ; and this action was commenced in February, 1867, to establish the demand as a valid claim against the estate.

The complaint, after setting out a copy of the instrument, and alleging that the debt remains unpaid, avers “that the circumstances of the said Ihmels posterior to the date of said instrument did not permit him to pay the same until within four years last past; but that after that date and before the death of said Ihmels he became able to pay the plaintiff’s claim, and so continued up to the…