Lowenthal v. Lowenthal
New York Supreme Court
Appeal from special term, Monroe county. Action by George Lowenthal against Maria E. Lowenthal for divorce. Prom a judgment in favor of plaintiff, and from an order denying a motion, and also an order setting aside an answer oí the jury to the thirteenth interrogatory, defendant appeals. Affirmed.
1Opinion of the CourtBradley, J.
The action is divorce. Of the 14 questions framed for trial by jury, the first one only was submitted to them. That one related to the charge of adultery, and the jury found against the defendant on that issue. The court directed the jury to answer by their verdict the other of the questions in the negative. The jury did so. Thereafter it was discovered that the court, by misapprehending the form of the question numbered 13, directed the answer to it, in effect, contrary to that intended. The thirteenth was the inquiry on the subject of the consent of the plaintiff to any of the alleged acts…
2Cases cited3 opinions
- McCarthy v. . McCarthyNew York Court of Appeals · 1894
- Acker v. . LelandNew York Court of Appeals · 1888
- Whitney v. WhitneyNew York Supreme Court · 1894
3Cited by1 opinion
- In re MerryAppellate Division of the Supreme Court of the State of New York · 1896