Pearlberg v. Levisohn
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment for $643 damages and costs in favor of plaintiff in Municipal Court of the city of New York, borough of Brooklyn, third district.
1Opinion of the CourtCropsey, J.
The principal question upon this appeal is whether the memorandum of sale complies with the Statute of Frauds. The plaintiff claims that defendants cannot raise this point because they failed to plead the statute. It is a general rule that the statute must be pleaded. Crane v. Powell, 139 N. Y. 379. But this is true only when the complaint shows that the contract sued upon is invalid under the statute or when the complaint does not show whether the contract is valid or invalid. Where the complaint pleads a contract that would be valid under the statute the plaintiff cannot succeed if the…
2Cases cited13 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Barry v. CoombeSupreme Court of the United States · 1828
- Drury v. YoungCourt of Appeals of Maryland · 1882
- James v. . PattenNew York Court of Appeals · 1851
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mesibov, Glinert & Levy v. Cohen Bros. Manufacturing Co.New York Court of Appeals · 1927
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Bevercombe v. Denney & Co.Idaho Supreme Court · 1924
- Crossland Federal Savings Bank Ex Rel. Federal Deposit Insurance v. A. Suna & Co.District Court, E.D. New York · 1996
8 more not listed; retrieve them via the Exa API.