Powers v. Powers
Appellate Division of the Supreme Court of the State of New York
Appeal -by the defendant, Jesse W. Powers, Jr., from an order of the Supreme Court, made at the New York Special - Term and' entered in the office of the clerk of the county of New York on the 18th day of May, 1898, granting the plaintiff a counsel fee and alimony pending the action.
1Opinion of the Court
Van Brunt, P. J.:
This action is brought to procure a decree of separation on the ground of abandonment.
It appears that shortly after the separation of the parties they entered into a formal agreement whereby the parties mutually *127agreed to live separate and apart. By this agreement a trustee for the plaintiff was appointed and the defendant agreed to pay to such trustee a certain sum of money per month for the support of plaintiff and the child of the parties, and the custody of such child was given to the plaintiff.
It is difficult to see how this action can be maintained under these…
2Cited by22 opinions
- Randolph v. FieldAppellate Division of the Supreme Court of the State of New York · 1914
- In re the Estate of BrownNew York Surrogate's Court · 1934
- Drane v. DraneAppellate Division of the Supreme Court of the State of New York · 1923
- Rosenblatt v. RosenblattAppellate Division of the Supreme Court of the State of New York · 1924
- Thompson v. ThompsonNew York Supreme Court · 1937
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