Matthews v. . Matthews
New York Court of Appeals
Gross-appeals from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 2, 1896, which modified and, as modified, affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Gross-appeals from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 2, 1896, which modified and, as modified, affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to recover damages for the breach of an alleged contract, by which the defendant, Horace Matthews, agreed to transfer his property to the plaintiff and her husband, in consideration of their removing from Pierrepont, St. Lawrence county, to Keeseville, Clinton county, and going into possession of…
1Opinion of the Court
Andrews, Ch. J.
Subsequently to the decision of the former appeal in this case (133 N. Y. 681), the case of Crane v. Powell (139 N. Y. 379) came before the court, in which the controverted question was whether, in an action on an oral contract, within the Statute of Frauds, where the complaint did not disclose the nature of the contract, whether oral or written, it was necessary for the defendant to plead the statute in order to avail himself of the objection. The question was distinctly decided in that case, and it was held that the statute was a defense, and unless pleaded was not available…
2Cases cited1 opinion
- Crane v. . PowellNew York Court of Appeals · 1893
3Cited by52 opinions
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- Reamer's EstateSupreme Court of Pennsylvania · 1938
- Bean v. . FlintNew York Court of Appeals · 1912
- Sanger v. . FrenchNew York Court of Appeals · 1898
- Harris v. . ShorallNew York Court of Appeals · 1921
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