Crouch v. Crouch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clara Alice Crouch, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the cleric of the county of Kings on the 24th day of May, 1920, denying plaintiff’s motion for judgment on her demurrer to the counterclaim of the defendant.
1Opinion of the Court
Blackmar, J.:
The action is for a separation. Notwithstanding ■ the numerous allegations in the complaint, the only cause of action stated therein is for abandonment. That defendant sought and obtained a divorce from plaintiff in a sister State, although it may be void in this State for want of jurisdiction, is not cruel and inhuman treatment; but if followed by marriage and cohabitation with another, it furnishes the basis for a finding of abandonment.
The answer, among other defenses, alleges, as a second defense and counterclaim, the adultery of plaintiff, and demands judgment both of…
2Cases cited3 opinions
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Cragin v. . LovellNew York Court of Appeals · 1882
- Wise v. WiseAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by7 opinions
- Kasal v. KasalSupreme Court of Minnesota · 1949
- Cavallo v. CavalloNew York Supreme Court · 1974
- Rolle v. RolleAppellate Division of the Supreme Court of the State of New York · 1922
- Haas v. HaasNew York Supreme Court · 1944
- Mohrmann v. KobAppellate Division of the Supreme Court of the State of New York · 1942
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