Opinion
Argued October 10, 1898
Decided October 18, 1898
T.F. Conway for appellant.
L.L. Shedden for respondents.
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.