Tirrell v. . Tirrell
New York Court of Appeals
Appeal from a judgment, entered February 24, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a dismissal of the complaint by the court at Special Term and directing a dismissal of the complaint. The separation agreement here in question was void in that it was made while the parties were living together and in that they separated after and because of it.
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Appeal from a judgment, entered February 24, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff entered upon a dismissal of the complaint by the court at Special Term and directing a dismissal of the complaint. The separation agreement here in question was void in that it was made while the parties were living together and in that they separated after and because of it. (Gilbert v. Gilbert, 26 N. Y. Supp. 30; Sunderlein v. Sunderlein, 123 App. Div. 421; Poillon v. Poillon, 49 App. Div. 341; Boyd v.…
1Opinion of the CourtHogan, J.
The parties to this action are and since. August 9th, 1894, have been husband and wife. There is no issue of their marriage. Defendant is a physician practicing Ms profession in the city of New York, and maintained an office in the dwelling house or home of himself and wife. For a number of years the parties apparently lived harmoniously together. In later years their relations became strained and though they resided in the same house as members of the household, the plaintiff caring for and performing the duties of a wife in the charge of the house, defendant providing for her and for the…
2Cases cited1 opinion
- Hungerford v. . HungerfordNew York Court of Appeals · 1900
3Cited by66 opinions
- Kay v. KayNew York Court of Appeals · 1975
- Helvering v. LeonardSupreme Court of the United States · 1940
- Kover v. KoverNew York Court of Appeals · 1972
- Garlock v. GarlockNew York Court of Appeals · 1939
- Elder v. . RosenwasserNew York Court of Appeals · 1924
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