New York Court of Appeals
Helen Matthews, Respondent and Appellant v. Fannie H. Matthews, as Administratrix of Horace Matthews, Deceased…
November 23, 1897154 N.Y. 288
Summary
The Court held that a Statute of Frauds defense must be pleaded to be available, that a bare denial of a contract does not permit a Statute of Frauds objection at trial, and that an oral contract with good consideration is enforceable for damages as if written when the defense was not pleaded. Accordingly, it reversed the Appellate Division and affirmed the Special Term judgment awarding damages.