Haynes v. Abramson
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Bronx, Second District. Action by Webster D. Haynes and another against Abram G. Abramson. From a judgment in favor of plaintiffs, defendant appeals.
1Opinion of the CourtScott, P. J.
The defense of illegality, founded upon section 640d, of the Penal Code, is an affirmative defense which must be pleaded in order to be availed of. It was not so pleaded here. Furthermore, Cody v. Dempsey, 86 App. Div. 335, 83 N. Y. Supp. 899, is authority for the proposition that, where a contract not unlawful in itself has been executed, and the parties have enjoyed the benefits of the contract, the mere fact that one of the parties has violated a penal statute in the approach to the contract will not prevent a court from enforcing payment. This is criticised by the appellant as obiter…
2Cases cited2 opinions
- Whiteley v. TerryAppellate Division of the Supreme Court of the State of New York · 1903
- Cody v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Sirkin v. Fourteenth Street StoreAppellate Division of the Supreme Court of the State of New York · 1908
- Beilin v. WeinAppellate Terms of the Supreme Court of New York · 1906
- Morgan Munitions Supply Co. v. Studebaker Corp.Appellate Division of the Supreme Court of the State of New York · 1917
- Sirkin v. Fourteenth Street StoreAppellate Terms of the Supreme Court of New York · 1907