Garbarsky v. Simkin
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the Municipal Court of the city of Yew York, fourth district, borough of Manhattan.
1Opinion of the CourtMcAdam, J.
The action is for rent, and the defense infancy. The plea being an affirmative one, the defendants were bound to establish it by satisfactory evidence. The mother of the defendants testified that'they were under age, but, strange to say, could not tell what year they were born. The defendant Louis Simkin testified that he was twenty years of age, that he was bom in *1961881, entered school in 1892, at the age of twelve, which would make the time of birth 1880. William Simkin, the co-defendant, testified that he was eighteen years' of age. This evidence came from interested witnesses whose…
2Cases cited3 opinions
- Commonwealth v. HollisMassachusetts Supreme Judicial Court · 1898
- Carrere v. DubAppellate Terms of the Supreme Court of New York · 1899
- Smith v. ComanAppellate Division of the Supreme Court of the State of New York · 1900