Alberelliv.Manning

Supreme Court, Appellate Term, First DepartmentJun 27, 1945
185 Misc. 280 (N.Y. Misc. 1945)
185 Misc. 28056 N.Y.S.2d 493

June 27, 1945.

Appeal from the Municipal Court of the City of New York, Borough of The Bronx, SULLIVAN, J.

Emanuel Redfield for appellant.

John B.M. Pennetto for respondent.


MEMORANDUM


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.