Alberelli v. Manning

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.