Appellate Division of the Supreme Court of the State of New York February 14, 1930 (Oxenham v. Oxenham)

O’Malley, J.

The action is for absolute divorce. Defendant is charged with adultery committed in Havana, Cuba. Of several issues framed, all were withdrawn from the jury’s consideration *186save one. This read: “ 1. Did the defendant during the month of May, 1928, at the Hotel Montserat, in the City of Havana, Cuba, commit acts of adultery with Juliano Garcia?