Majority
p. 656Helen Wyatt, an Infant, by Minnie Wyatt, Her Guardian ad Litem, Respondent, v. John Wanamaker and Others, Doing Business under the Firm Name and Style of John Wanamaker, Appellants. First Department, June 5, 1908.
Headnote
See head note in Wyatt v. MeOreery & Go. (ante, p. 650).Appeal by the defendants, John Wanamaker and others, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew
p. 657
York on the 27th day of March, 1908, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to the first and second separate defenses in the defendants’ amended answer.
Richard Ely, for the appellants.
Melville H. Cane, for the respondent.
There is presented upon this appeal the same question as was presented in the case of Wyatt v. McCreery & Co. ( 126 App. Div. 650 ), decided herewith. The plaintiff is an infant, and on the facts pleaded she is not estopped from invoking the protection awarded to her by the act in question.
The judgment appealed from must be affirmed, with costs, Avith leave to defendants to amend the answer within twenty days upon payment of costs in this court and in the court below.
Present •— Ingraham, Laughlin, Clarke, Houghton and Scott, JJ.
* Judgment affirmed, with costs, Avith leave to defendants to amend on payment of costs.