Allgro v. Duncan

Emott, Justice.

This"suit was upon a promissory note ; the defence was infancy. The plaintiff proved the note, and rested ; and the defendant proved, by his own testimony and that of another witness, that he was an infant when the note was -made. Upon the cross-examination some facts came out tending to show that the defendant had been doing business for himself, and in certain particulars holding himself out, or allowing himself to be, considered of full age. This was all the evidence. When it closed, the defendant’s counsel did not ask me to direct a verdict, as he might have done, since…