Brown v. . Cleveland Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18,1921, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The former action having been discontinued, the appellant is not concluded by the judgment entered therein. (Deen v. Milne, 113 N. Y. 309; Cahill v. Wissner, 183 App. Div. 663; P. C. & St. L. Ry.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 18,1921, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The former action having been discontinued, the appellant is not concluded by the judgment entered therein. (Deen v. Milne, 113 N. Y. 309; Cahill v. Wissner, 183 App. Div. 663; P. C. & St. L. Ry. Co. v. Keokuk & H. Bridge Co., 107 Fed. Rep. 781; 109 Fed. Rep. 279; Smith v. McCluskey, 45 Barb. 617; City of Tampa v. Tampa Water Wks.,…
1Opinion of the CourtMcLaughlin, J.
Prior to the 2d of June, 1899, this plaintiff had brought an action which was then pending in the Court of Common Pleas of Ohio to procure a divorce from her husband, John H. Brown. For the purpose of settling all questions of alimony, maintenance and support, and the release of plaintiff’s inchoate right of dower, an agreement was entered into on the day named between John H. Brown of the first part, Sallie S. Brown of the second part, and the Cleveland Trust Company of the third part. By the terms of this agreement Mr. Brown agreed to pay to Mrs. Brown $2,400 a year in equal monthly…
2Cases cited4 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Costello v. . CostelloNew York Court of Appeals · 1913
- Loeb v. . WillisNew York Court of Appeals · 1885
- Webb v. . BuckelewNew York Court of Appeals · 1880
3Cited by29 opinions
- Bannon v. BannonNew York Court of Appeals · 1936
- Kret v. Brookdale Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983
- Newman v. NewmanAppellate Division of the Supreme Court of the State of New York · 1997
- In re the Estate of WinburnNew York Surrogate's Court · 1931
- Cutter v. Arlington Casket Co.Massachusetts Supreme Judicial Court · 1926
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