“ The general rule which prevails in chancery is that the answer of one defendant cannot be used as evidence against his co-defendant; and it is the opinion of the court that this case does not furnish an exception to that rule. The answer of an agent is not evidence against his principal, nor are his admissions in pais, unless where they are a part of the res gesta.
As to the other fact upon which the appellant relies, there is more difficulty. The bill states that the judgment was recovered for the benefit of Straas and Leeds. ”

“ This is denied in the answer, and thus far we may consider that fact as established in favour of the appellant. The answer goes farther, and alleges that the recovery was for the sole benefit of the respondent. ”

“ The ground on which that injunction is prayed, is, that the balance of the premium due upon the insurance of the Sophia ought to be offset, so far as it goes, against the judgment at law upon the policy of the Hope.
The answer of Leeds denies that he had any interest in the Sophia at the time the insurance mentioned in the bill was effected, or that he was in any manner concerned in that insurance. He states that within a few months after the insurance on the Hope was effected, and long before the judgment in law was obtained, he had acquired by purchase from Straas and a Mr. ”