Compton v. Melliss
New York Court of Common Pleas
Appeal from city court, general term. Assumpsit by Oscar Compton against Norman T. M. Melliss. Plain-Jiff had judgment, which was affirmed by the city court at general term, .(19 N. Y. Supp. 691,) and defendant appeals. Affirmed.
1Opinion of the CourtPryor, J.
We are asked to reverse the judgment because, as contended, the statute of frauds is fatal to the recovery; but how, upon the ■pleadings, can we give effect to the defense? The action is for goods ■sold and delivered, the answer a denial only; and thus the defense, being neither pleaded nor apparent on the complaint, is unavailable. Wells v. Monihan, 129 N.Y. 161, 29 N. E. Rep. 232; Porter v. Wormser, 94 N. Y. 431; Crane v. Powell, (Com. Pl. N. Y.) 19 N. Y. Supp. 220. Nevertheless the benefit of it was accorded to the appellant on the trial, and his defeat was due only to his failure to…
2Cases cited3 opinions
- Porter v. . WormserNew York Court of Appeals · 1884
- Wells v. . MonihanNew York Court of Appeals · 1891
- Crane v. PowellNew York Court of Common Pleas · 1892