
    Christian Burns vs. Patrick O’Rourke.
    At special term, December, 1866.
    Before Robertson, Ch. J.,
    A pleading which sets up mere partial intoxication or weakness of mind at the • time of executing an instrument, in order to avoid its obligations, is not sufficient unless some circumstances of fraud or undue influence are added. The intoxication must be so complete as to deprive the party of the use of his reason, or the mental infirmity must amount to senile demency, to constitute hy themselves a defense.
    
      JP. J. McCahill, for the defendant.
    
      I. S. Washburn, for the plaintiff.
     