Libaire v. Feinstein

The motion to strike out the separate defense of the Statute of Frauds (Pers. Prop. Law, § 85, as added by Laws of 1911, chap. 571) is granted. The complaint shows that the plaintiffs are stockbrokers and that they purchased certain stock for the defendant at his request at a certain price. In making the purchase the plaintiffs advanced their own money. The defendant failed, to make payment to the plaintiffs of the money advanced and was notified by the plaintiffs that on a certain day the stock would be sold for his account. The stock was sold on the day specified and in this action the…