Baumann v. De Logerot — 58 N.Y. St. Rep. 151

Majority

p. 151

Ludwig Baumann, App’lt, v. Richard De Logerot et al., Resp’ts.

(Supreme Court, General Term, First Department,

Filed December 15, 1893.)

Headnote

Contracts—Validity.

A violation of § 363 of the Penal Code does not render the contract void.

Appeal from an order granting judgment on a demurrer as frivolous.

Couderl Bros. (F. B. Couderi, Jr., of counsel), for app’lts; Shepard & Prentiss ( William H. Shepard, of counsel), for resp’t,

We are of the opinion that the order and judgment appealed from should be affirmed, with costs. Even if the plaintiff has, by the use of the firm name of Baumann Bros., violated the provisions of § 363 of the Penal Code, and of the Laws of 1833 (which we do not decide), he has not thereby become an ■outlaw, and lost all civil rights.

Judgment and order affirmed with costs.