Honsinger v. . Mulford

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.