
    GEORGE V. N. BALDWIN, Administrator, Respondent, v. JOHN C. T. SMIDT, Appellant.
    Mmdenee— Oode, § 899.
    In this action, brought upon a promissory note, the defendant interposed a counterclaim for rent due from the plaintiff’s intestate. Upon the trial the defendant was asked whether he had ever received any money from the intestate, or any one representing him. Held, that the question was properly excluded as inadmissible under section 399 of the Oode.
    Appeal from a judgment in favor of the plaintiff^ entered upon the verdict of a jury.
    
      Allan Lee Smith, for appellant. Geo. V. JST. Baldwin, for respondent.
   Opinion by

DaNibls, J.

Davis, P. J., and Brady, J., concurred.'

Judgment affirmed.  