Friedman v. Hirsch — 44 N.Y. St. Rep. 201

Majority

p. 201

Benjamin Z. Friedman, App’lt, v. Herman Hirsch, Resp’t.

(Supreme Court, General Term, First Department,

Filed February 18, 1892.)

Headnote

Appeal from judgment entered after trial at special term.

iS. Qreenbaum, for app’lt; W. Irwin, for resp’t.

This action is similar to that of Jacob Friedman v. Hirsch, 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 intoxication. 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 seemjng to give a. premium on dissolute habits, and the same relief will be granted.

' Ordered accordingly.

O’Brien, J., concurs.