Moke v. Fellman

This suit was brought by the appellee, on a draft drawn in his favor on the appellant and accepted by the latter. The defendant below answered by a general denial of the charges in the petition. 2nd. Tender of all, excepting *368twenty-five dollars, which he avers that he had been instructed by the drawer to retain in Ms hands. After these pleas, and when about to go into trial, the defendant asked leave to file a plea in abatement, on the ground of the infancy of the plaintiff, which was refused. On the trial the defendant offered to prove that he had received letters from the drawer of the…