Finlaw v. Wertheim

This motion by the plaintiff to strike out the defense of the Statute of Frauds presents the novel and close question concerning the applicability of the Statute of Frauds to the transaction *340which constitutes the basis of the action. The question is novel because of the paucity of cases governing it, and it is rendered close by reason of two seemingly clashing decisions — one urged by the plaintiff as conclusive and the other advanced by the defendants as equally controlling.

The substance of the complaint is that the defendants formed a syndicate to float stock of Laird & Company, and that…