Bear's Adm'x v. Bear

[1] This is an action of debt upon a note for $265.00 executed by the defendant, Eugene F. Bear, to the plaintiff’s intestate for board and tuition of the defendant one session at Randolph Macon Academy at Front Royal. The defendant pleaded nil debet, and when called upon by the plaintiff to state the grounds of his defense under this plea, he stated infancy, and “that the note was without consideration and was not intended to be collected.” There was a trial by jury and a verdict for the defendant which the trial court refused to set aside, and the case is here on a writ of error awarded to…