Campbell v. Muncie

The plaintiff moved at Special Term for an order framing issues for a trial by a jury involving a release executed by the plaintiff. (Campbell v. Muncie, No. 2, 246 App. Div. 633.) Two questions were framed, but they neither clearly and succinctly stated the issues to be submitted, nor framed the issues as they are stated in the affidavits. (Barker v. Conley, 267 N. Y. 43.) The order is modified by framing in lieu of the two questions in the order, a single question as follows: “ Did the plaintiff sign the release with the knowledge and purpose that he was thereby releasing the defendants…