Wyatt v. Wanamaker

Full title: HELEN WYATT, an Infant, by MINNIE WYATT, Her Guardian ad Litem…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 5, 1908

126 App. Div. 656 (N.Y. App. Div. 1908)

111 N.Y.S. 90

Opinion

June 5, 1908.

Richard Ely, for the appellants.

Melville H. Cane, for the respondent.

Present — INGRAHAM, LAUGHLIN, CLARKE, HOUGHTON and SCOTT, JJ.

PER CURIAM:

There is presented upon this appeal the same question as was presented in the case of Wyatt v. McCreery Co. ( 126 App. Div. 650), decided herewith. The plaintiff is an infant, and on the facts pleaded she is not estopped from invoking the protection awarded to her by the act in question.

The judgment appealed from must be affirmed, with costs, with leave to defendants to amend the answer within twenty days upon payment of costs in this court and in the court below.

PER CURIAM:

Judgment affirmed, with costs, with leave to defendants to amend on payment of costs.