Bomeisler v. . Forster
New York Court of Appeals
Appeal from an order and judgment of the. Appellate Division of the Supreme Court in the first judicial department, entered respectively November 20 and 24, 1896,- which reversed a judgment in favor of plaintiff entered' upon a decision of the court on trial at a Special Term of the Superior Court of the city of New York, and directed judgment absolute for the defendant dismissing the complaint upon the merits.’ The nature of the action and the facts, so far as material, are…
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Appeal from an order and judgment of the. Appellate Division of the Supreme Court in the first judicial department, entered respectively November 20 and 24, 1896,- which reversed a judgment in favor of plaintiff entered' upon a decision of the court on trial at a Special Term of the Superior Court of the city of New York, and directed judgment absolute for the defendant dismissing the complaint upon the merits.’ The nature of the action and the facts, so far as material, are stated in the opinion. The order of the Appellate Division reversing the judgment and the judgment entered thereon do…
1Opinion of the CourtGray, J.
The plaintiff’s testator^ sought in this action to obtain a decree, which should restrain the defendant from prosecuting an action at law then pending in the Superior Court of the city of Hew York, wherein she was the plaintiff and he was the defendant, or from bringing any other action for the same cause, and which should compel her specifically to perform her agreement not to harass the plaintiff by suits upon any claims of the nature of those described in her complaint.
It appears that prior to May 21st, 1892, the defendant had charged that Cantoni was the father of certain of her children…
2Cases cited2 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Phillips v. BergerNew York Supreme Court · 1848
3Cited by33 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Perry v. PerryCourt of Appeals for the D.C. Circuit · 1951
- McClure v. . LeaycraftNew York Court of Appeals · 1905
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Petrie v. . Trustees of Hamilton CollegeNew York Court of Appeals · 1899
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