Lowenthal v. . Lowenthal
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered December 30, 1895, affirming a judgment in favor of plaintiff entered upon the verdict of a jury on issues framed; also from an order of the General Term affirming an order of the Special Term setting aside one of the findings of the jury and ordering judgment, and also affirming an order denying a motion for a new trial.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered December 30, 1895, affirming a judgment in favor of plaintiff entered upon the verdict of a jury on issues framed; also from an order of the General Term affirming an order of the Special Term setting aside one of the findings of the jury and ordering judgment, and also affirming an order denying a motion for a new trial. This action was brought by the plaintiff to procure an absolute divorce. The facts, so far as material, are stated in the opinion. There was no evidence to support…
1Opinion of the CourtBartlett, J.
The plaintiff has recovered a judgment of absolute divorce against the defendant, and on this appeal it is attacked upon several grounds.
It is first urged that there is no evidence to support the affirmative finding of the jury upon the issue of adultery.
The learned General Term have found against this contention upon conflicting evidence, and this court is bound by their decision.
It is further insisted that the trial judge erred in admitting proof on the part of the plaintiff that the river bank, adjacent to the west end of the old Hooker road, had a reputation as being a rendezvous of…
2Cases cited1 opinion
- McCarthy v. . McCarthyNew York Court of Appeals · 1894
3Cited by19 opinions
- Curran v. CurranWyoming Supreme Court · 1937
- Goldstein v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1925
- Bolognino v. BologninoNew York Supreme Court · 1930
- City Bank Farmers Trust Co. v. WhiteingNew York Supreme Court · 1930
- Horn v. HornNew York Supreme Court · 1911
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