Peoples Trust & Savings Bank v. Smith

I. The appellants submit two errors relied upon for reversal. The first of these is as follows:

"The court erred in refusing admission of testimony in support of defense of fraud, plead generally in separate answer - of appellants, for the following reasons:

I

A

"The general defense of fraud plead by these appellants was not attacked by plaintiff through demurrer motion or reply, and defect of general plea of fraud of these appellants, was thereby waived by appellee.

B

“A general plea of fraud as a defense, not attacked, warrants the admission of equally general evidence in support of such plea.”

The…