Mason v. Mason
New York Court of Chancery
Bill by the wife against her husband for a divorce a mensa et thora on account of alleged cruelty. Amongst other things, the bill showed, that after the marriage Q£ ^ complainant and defendant and before the settlement thereinafter mentioned, her husband had been once absent four or five years, and was in the habit, afterwards, of being absent for months at a time, under pretence of business; and that to guard against accidents and provide a maintenance for complainant, by…
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Bill by the wife against her husband for a divorce a mensa et thora on account of alleged cruelty. Amongst other things, the bill showed, that after the marriage Q£ ^ complainant and defendant and before the settlement thereinafter mentioned, her husband had been once absent four or five years, and was in the habit, afterwards, of being absent for months at a time, under pretence of business; and that to guard against accidents and provide a maintenance for complainant, by an instrument dated the first day of December one thousand eight hundred and twenty-three, he vested in trustees one…
1Opinion of the Court
The Vxce-Chancellok.
I must examine, with some particularity, the proofs in this cause; in order to ascertain whether there is enough shown to justify the complainant in separating from her husband and to entitle her to the interference of the court.
Frequent .intoxication constitutes the principal, if not the only source from whence has proceeded the misconduct of which the wife complains. It is in evidence, from the defendant’s admissions, in letters which he wrote to his friends during the year one thousand eight hundred and twenty-three, that he had been addicted to the use of ardent…
2Cited by9 opinions
- Robinson v. RobinsonSupreme Court of New Hampshire · 1891
- Barber v. BarberAppellate Division of the Supreme Court of the State of New York · 1915
- Donohue v. DonohueAppellate Division of the Supreme Court of the State of New York · 1917
- Kissam v. KissamAppellate Division of the Supreme Court of the State of New York · 1897
- Morgan v. MorganNew York Family Court · 1948
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