Schlessinger v. Schlessinger
Supreme Court of Colorado
Appeal from the County Court of the City and County of Denver. Hon. Ben B. Lindsey, Judge. Action by Mary E. Schlessinger against Timothy 5. Schlessinger. From a judgment for plaintiff, de- fendant appeals.
1Opinion of the CourtJustice Campbell
In the year 1900, the plaintiff, Mrs. Schlessinger, brought this action to recover on a written contract entered into between her and defendant (who, at that time, was her husband, and then contemplated, and afterwards did obtain, a decree of divorce), whereby the defendant agreed to pay plaintiff the sum of $50 a month so long as she remained unmarried.
In his answer, the defendant admitted the execution, in 1884, of the contract sued on, but, by the affirmative defense of accord and satisfaction therein pleaded, sought to escape liability thereon. There was a trial before a jury, which…
2Cases cited10 opinions
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Bunge v. . KoopNew York Court of Appeals · 1872
- Clayton v. ClarkMississippi Supreme Court · 1896
- Welty v. WeltyIllinois Supreme Court · 1902
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3Cited by5 opinions
- Stewart v. PeopleSupreme Court of Colorado · 1928
- Trustee Co. v. BresnahanSupreme Court of Colorado · 1949
- Winton v. SullivanSupreme Court of Colorado · 1939
- Fincher v. Edwin M. Bosworth & Co.Supreme Court of Colorado · 1925
- Schlessinger v. SchlessingerSupreme Court of Colorado · 1907