Oldham v. Pinkus

Appellate Terms of the Supreme Court of New York

Oldham v. Pinkus

31 Misc. 768, 64 N.Y.S. 353

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1900

StatusPublished

Cited by1 cases

This text of 31 Misc. 768 (Oldham v. Pinkus) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oldham v. Pinkus, 31 Misc. 768, 64 N.Y.S. 353 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Guriam.

The plaintiff rested upon the admission of the answer and was entitled to judgment unless it appeared that the agreement was void under the Statute of Frauds.

There is nothing to show that the statute was applicable, as the record does not disclose whether the agreement was in writing or not. Had it appeared that the agreement was not in writing the judgment would have been affirmed. Such an agreement as the letter of January twelfth has reference to does not constitute novation.

Judgment reversed and a new trial ordered, with costs to appellant to abide the event.

Present: Tbuax, P. J., Scott and Dugbo, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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