Blinn v. Schwarz
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Christian Blinn, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate^ Division in the first instance, upon the verdict of a jury in favor of the defendants, rendered by direction of the court after a trial at the New York Trial Term.
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Motion by the plaintiff, Christian Blinn, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate^ Division in the first instance, upon the verdict of a jury in favor of the defendants, rendered by direction of the court after a trial at the New York Trial Term. The action was brought to recover the possession and damages for the use and occupation by the defendants of .property located on the northwest corner of Eighty-sixth street and the Boulevard,, which the complaint alleges has been and is wrongfully withheld from the plaintiff. The answer denies any…
1Opinion of the Court
O’Brien, J.:
There are two principal questions presented upon this appeal, one as to the error which it is alleged was committed by the court in refusing to permit the jury to determine whether the plaintiff, at the time of the giving of the deed, was or was not insane; and the other relating to the complaint in the action brought by the plaintiff against Henry Ungrich, which was introduced in evidence and to the admission of which thereafter the plaintiff excepted.
The first question is one easily disposed of, because the determination of the jury one way or another, as to the plaintiff’s…
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