Appellate Terms of the Supreme Court of New York January 16, 1906 (Haynes v. Abramson)

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United States · · · 16-01-1906

lead-opinion

SCOTT, P. J.

The defense of illegality, founded upon section 640d, of the Penal Code, is an affirmative defense which must be pleaded in order to be availed of. It was not so pleaded here. Furthermore, Cody v. Dempsey, 86 App. Div. 335, 83 N. Y. Supp.

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