Holihan v. Holihan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Holihan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 8th day of July, 1902, upon the decision of the court rendered after a trial at the Cayuga Special Term.
Read the full summary
Appeal by the defendant, Mary Holihan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 8th day of July, 1902, upon the decision of the court rendered after a trial at the Cayuga Special Term. The judgment appealed from adjudged that the conveyances referred to in the opinion be set aside unless the defendant “ shall either execute and deliver to the plaintiff a bond with sufficient sureties, to be approved by a Justice of the Supreme Court, con-, ditioned for the faithful performance by the defendant of her part…
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial granted, with costs to the appellant to abide event.
The action was brought to set aside two deeds given by a husband to his wife .upon an agreement made after a separation had taken place, unless the wife gave a bond with sureties or a mortgage upon the property conveyed to protect the husband against her future support and maintenance. The agreement and deeds were given at the same time, February 20, 1899. The parties resided in the city of Auburn, H. Y., and the husband was engaged in business there. They had been married for many…
2Cases cited2 opinions
- Hungerford v. . HungerfordNew York Court of Appeals · 1900
- Hatch v. LeonardAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Meyer v. JewellAppellate Terms of the Supreme Court of New York · 1904