Clark, Trustee, Etc. v. . Fosdick
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city of Hew York, entered upon an order made January 13, 1887, which affirmed a judgment of the City Court of Hew York, in favor of plaintiff entered upon an order of Special Term overruling a demurrer to plaintiff’s complaint. This was an action to recover an installment due under articles of separation between defendant, C. Baldwin Fosdiok, and Jennie P. Fosdick.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city of Hew York, entered upon an order made January 13, 1887, which affirmed a judgment of the City Court of Hew York, in favor of plaintiff entered upon an order of Special Term overruling a demurrer to plaintiff’s complaint. This was an action to recover an installment due under articles of separation between defendant, C. Baldwin Fosdiok, and Jennie P. Fosdick. Jennie P. Fosdick intermarried with the defendant, C. Baldwin Fosdick, on the lltli day of April, 1878, and thereafter they lived together as husband and…
1Opinion of the CourtPotter, J.
The questions to be decided upon this appeal are presented by demurrer to the complaint. The complaint -alleges the facts which ordinarily give an action to recover the money promised to be paid the plaintiff as trustee, under the agreement, but it also alleges a decree of divorcement obtained by the wife after the making of the agreement of separation and which the defendant contends,- defeats the plaintiff’s ;action. The purpose of thus pleading was to obtain a final judgment upon the rights of these parties in a more speedy and less expensive way.
It will be more orderly to consider first…
2Cases cited14 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Walker v. Walker'sSupreme Court of the United States · 1870
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Rogers v. RogersNew York Court of Chancery · 1834
- Greenfield v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1872
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3Cited by49 opinions
- Winter v. . WinterNew York Court of Appeals · 1908
- In Re the Accounting of RhinelanderNew York Court of Appeals · 1943
- Richards v. RichardsMassachusetts Supreme Judicial Court · 1930
- Roberts v. RobertsCalifornia Court of Appeal · 1927
- Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1900
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