Spence v. Woods
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Francis S. Woods, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 3d day of March, 1909, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling a demurrer to tl'ie complaint in an action brought by an assignee of defendant’s wife to recover payments claimed to be due under an agreement of separation.
1Opinion of the Court
Rich, J.:
The appellant urges that the complaint does not allege a contract valid and enforcible at law or in equity, in that it omits to set out that at the time the agreement was executed the parties were living-separate and apart, and that it was not made in contemplation of, and did not serve as one of the moving causes of, the separation. The agreement, which is made a part of the complaint, recites upon its, face not only that the parties are not living together, but that an action was then pending in the Supreme Court of this State for a separation, brought by the wife against the…
2Cases cited2 opinions
- Effray v. EffrayAppellate Division of the Supreme Court of the State of New York · 1905
- Lord v. LordNew York Supreme Court · 1893
3Cited by4 opinions
- G. C. Kohlmier, Inc. v. AlbinSupreme Court of Minnesota · 1960
- Elkin v. EhrensCivil Court of the City of New York · 1964
- Phinney v. AndrusCity of New York Municipal Court · 1919
- Schroeder v. FineAppellate Terms of the Supreme Court of New York · 1911