st another, he cannot get
judgement for more than his adversary is able to pay. The rule is the
same when a man is sued on a mere promise to give a present.

39 Very often too a plaintiff obtains judgement for less than he was
owed through the defendant's pleading a setoff: for, as has already been
observed, the judge, acting on equitable principles, would in such a
case take into account the cross demand in the same transaction of the
defendant, and condemn him only in the residue.

40 So too if an insolvent person, who surrenders all his effects to his
creditors, acquires fresh property of sufficient amount to justify such
a step, his creditors may sue him afresh, and compel him to satisfy the
residue of their claims so far as he is able, but not to give up all
that he has; for it would be inhuman to condemn a man to pay his debts
in full who has already been once deprived of all his means.

TITLE VII. OF CONTRACTS MADE WITH PERSONS IN POWER

As we have already mentioned the action in respect of the peculium of
children in power and slaves, we must now explain it more fully, and
with it the other actions by which fathers and masters are sued for the
debts of their sons or slaves. Whether the contract be made with a slave
or with a child in power, the rules to be applied are much the same; and
therefore, to make our statements as short as possible, we will speak
only of slaves and masters, premising that what we say of them is true
also of children and the parents in whose power they are; where the
treatment of the latter differs from that of the former, we will point
out the divergence.

1 If a slave enters into a contract at the bidding of his master, the
praetor allows the latter to be sued for the whole amount: for it is on
his credit that the other party relies in making the contract.

2 On the same principle the praetor grants two other actions, in which
the whole amount due may be sued for; that called exercitoria, to
recover the debt of a shipmaster, and that called institoria, to recover
the debt of a manager or factor. The former lies against a master
who has appointed a slave to be captain of a ship, to recover a debt
incurred by the slave in his character of captain, and it is called
exercitoria, because the person to whom the daily profits of a ship
belong is termed an exercitor. The latter lies against a man who has
appointed a slave to manage a shop or business, to recover any debt
incurred i