Alberelli v. Manning — 185 Misc. 280

Majority

p. 280

Valentine Alberelli, Respondent, v. Russell Manning, Appellant.

Supreme Court, Appellate Term, First Department,

June 27, 1945.

p. 281

Emanuel Bedfield for appellant.

John B. M. Pennetto for respondent.

The evidence fully establishes that the moneys were loaned to defendant in contemplation and expectation of marriage. The action is barred and comes within sections 61-a and 61-b of article 2-A of the Civil Practice Act.

The judgment should be reversed, with $30 costs, and judgment directed for defendant, with costs.

Hammer and Eder, JJ., concur; Shientag, J., dissents.

Judgment reversed, etc.