
    William Muhlig, Appellant, v. Christ Rebhan, Respondent.
    (Supreme Court, Appellate Term,
    June, 1907.)
    Instructions — Time and manner of giving and sufficiency of instructions—Manner — Holding up plaintiff to ridicule.
    In an action for fraud, where the court in its charge to the jury holds up the plaintiff to ridicule and contempt, a judgment for the defendant should he reversed.
    
      Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of New York, second district, borough of Manhattan.
    Michael J. Driscoll, for appellant.
    James B. Henney, for respondent.
   Per Curiam.

The action is for fraud. The jury found for defendant. The plaintiff attacks the judgment solely on the ground that, in his charge to the jury, the court held the plaintiff up to ridicule and contempt and prejudiced thereby the minds of the jury against him. A perusal of the charge convinces us that there is much merit in this claim, and we think in the interests of justice a new trial should be granted.

Present: Gildersleeve, Seabury and Platzek, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.  