
    Hayes, appellant, v. Huffstater.
    
      Mst'oppel—moneys paid for liquors sold by inn-keeper to intoxicated person. -
    The plaintiff was accustomed to have periods of intoxication. During one of these, lasting over a month, he obtained drink and food, and borrowed money from the defendant, an inn-keeper. ■ Plaintiff gave defendant, in payment of his indebtedness, certain checks upon a bank. These checks were given when plaintiff was comparatively sober and knew what he was doing, and was responsible for his acts. In an action to recover the amount paid defendant, held, that the plaintiff was bound by his acts, and could not recover.
    Appeal from a judgment in favor of the defendant upon the report of a referee.
    
      Hammond & Whiting, for appellant.
    
      Moore & McOartin, for respondent.
    E. D. Smith, J.
     