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WEISINGER v. BERFOND

21 Misc.2d 788 (1960)

Bernard Weisinger, Plaintiff, v. Bernard Berfond et al., Defendants.

Supreme Court Special Term, Kings County.

January 11, 1960.

Attorney(s) appearing for the Case

Charles Wilson for Joseph Rae and another, defendants.

George Rosling for Bernard Berfond and another, defendants.

Joseph L. Forscher for plaintiff.

MILES F. McDONALD, J.

The singular circumstances of this case require the court to determine whether or not the advice of Oliver Goldsmith (Art of Poetry on a New Plan, vol. 2, p. 147): "He who fights and runs away will live to fight another day", should be adopted as a precept of equity jurisprudence, or whether the court should declare that once having submitted his cause to a court of equity, the plaintiff...

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