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Wyatt v. Wanamaker

111 N.Y.S. 90 Court N.Y. App. Div. Decision date 1908-06-05 English

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p. 90
WYATT v. WANAMAKER et al.
(Supreme Court, Appellate Division, First Department.
June 5, 1908.)

Headnote

Appeal from Special Term.
Action by Helen Wyatt against John Wanamaker and others. From an interlocutory judgment sustaining a demurrer to the separate defenses in the amended answer ( 110 N. Y. Supp. 900 ), defendants appeal.
Affirmed.
Argued before INGRAHAM, LAUGHLIN, CLARKE, HOUGHTON, and SCOTT, JJ.
Richard Ely, for appellant.
Melville H. Cane, for respondent.

There is presented upon this appeal the same nuestion as was presented in the case of Wyatt v. James McCreery Co., 111 N. Y. Supp. 86 , 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, with leave to defendant to amend the answer within 30 days upon payment ■of costs in this court and in the court below.