Honsinger v. Mulford — 157 N.Y. 674

Majority

p. 674

Willis T. Honsinger et al., Respondents, v. John Mulford, Appellant.

Headnote

Sonsinger v. Mulford, 90 Hun, 589 , affirmed.

(Argued October 10, 1898;

decided October 18, 1898.)

Appeal from a judgment and order of the late General Term of the Supreme Court in the third judicial department,

p. 675

■entered December 14, 1895, affirming a judgment in favor of plaintiffs entered upon a verdict, and an order denying a motion for a new trial.

T. F. Conway for appellant.

L. L. Shedden for respondents.

We think this case should be affirmed upon the prevailing opinion below and upon our decision in Matthews v. Matthews ( 154 N. Y. 288 ), an authority precisely in point upon the necessity of pleading the defense of the Statute of Frauds, in order that it may be available upon the trial to defeat the validity of the contract sued upon by the plaintiff upon that ground.

Judgment and order affirmed, with costs.

All concur.

Cases cited

Matthews v. Matthews 154 N. Y. 288 N.Y. 1897-11-23 p. 675