Legal Opinion
Honsinger v. . Mulford
New York Court of Appeals
Decided October 18, 1898PublishedCited by 7 opinions
Appeal from a judgment and order of the late General Term of the Supreme Court in the third judicial department, ■entered December 14, 1895, affirming a judgment in favor of plaintiffs entered upon a verdict, and an order denying a motion for a new trial.
1Per curiam
We think this case should be affirmed upon the prevailing opinion below and upon our decision in Matthews v. Matthews (154 N. Y. 288), an authority precisely in point upon the necessity of pleading the defense of the Statute of Frauds, in order that it may be available upon the trial to defeat the validity of the contract sued upon by the plaintiff upon that ground.
Judgment and order affirmed, with costs.
All concur.
2Cases cited1 opinion
- Matthews v. . MatthewsNew York Court of Appeals · 1897
3Cited by7 opinions
- Williamsburg City Fire Insurance v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1918
- Fanger v. CasparyAppellate Division of the Supreme Court of the State of New York · 1903
- Bennett v. MahlerAppellate Division of the Supreme Court of the State of New York · 1904
- Hardt v. RecknagelAppellate Division of the Supreme Court of the State of New York · 1901
- Harmon v. Alfred Peats Co.Appellate Division of the Supreme Court of the State of New York · 1926
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