New York Court of Appeals, 1898

Honsinger v. . Mulford

Honsinger v. . Mulford
New York Court of Appeals · Decided October 18, 1898 · <italic>Per Curiam</italic>.
51 N.E. 1090; 157 N.Y. 674; 1898 N.Y. LEXIS 603 (North Eastern Reporter)

Honsinger v. . Mulford

Opinion of the Court

Per 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.