The Superior Court of New York City June 26, 1852 (Goelet v. Cowdrey)

By the Court. Oakley, Ch. J.

There is no force in the objection, that the answer of the defendant does not expressly refer to the statute of frauds. In all cases, more especially since the code where the provisions of a public statute are relied on, as creating a right of action or a valid defence, it is sufficient for the party to set forth the facts which, he is advised, bring his case within