Friedman v. Hirsch — 18 N.Y.S. 87

Majority

p. 87

Benjamin Z. Friedman v. Hirsch.

(Supreme Court, General Term, First Department.

February 18, 1892.)

Headnote

Appeal from special term, New York county.

Action by Benjamin Z. Friedman against Herman Hirsch to set aside a transfer off real estate. Judgment for defendant. Plaintiff appeals.

Reversed.

Argued before Van Brunt, P. J., and O’Brien, J.

Hays & Greenbaum, (S. Greenbaum, of counsel,) for appellant. William Irwin, for respondent.

This action is similar to that of Jacob Friedman v. Hirsch, 18 N. Y. Supp. 85 , (decided herewith.) The evidence is substantially the same, with the-exception that it is not claimed that the plaintiff in this action was in a condition of imtoxication. The reasons which impelled the court to the conclusion arrived at in the case of the brother are certainly just as strong in the case at bar; otherwise the court would be seeming to give a premium on dissolute habits, and the same relief will be? granted. Ordered accordingly.