Boyles v. Blankenhorn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Blankenhom, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 16th day of April, 1914, upon the verdict of a jury for $1,200, and also from an order entered in said clerk’s office on the 23d day of April, 1914, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Howard, J. (dissenting):
The complainant in this action alleges “That on or about the 2d day of July, 1913, at the said town of Bethlehem, the *391defendant, with force and violence illtreated the plaintiff, said Ella M. Boyles, and made an indecent assault upon her and then and there forcibly debauched and ravished and carnally knew her, whereby she became pregnant and sick with child, and has so remained ever since.” The answer absolutely denies this allegation, and upon the issue thus joined the parties went to trial. At the time of the alleged assault the plaintiff was about fifteen years and…
2Cases cited2 opinions
- Dean v. . RapleeNew York Court of Appeals · 1895
- Marion v. B. G. Coon Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913