France v. France
New York Supreme Court
The plaintiff and defendant intermarried in this State, in the year 1878. Two children, the issue of such marriage, were born, one now of the age of twenty years, and the other of the age of six years. What are claimed to be irreconcilable differences arose between the parties, and in June, 1895, they separated, and have ever since lived separate and apart.
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The plaintiff and defendant intermarried in this State, in the year 1878. Two children, the issue of such marriage, were born, one now of the age of twenty years, and the other of the age of six years. What are claimed to be irreconcilable differences arose between the parties, and in June, 1895, they separated, and have ever since lived separate and apart. In July, 1896, the defendant moved to the State of North Dakota, and about the 1st of October of the same year, the plaintiff commenced an action against him for divorce, alleging adultery. A summons and complaint were served upon the…
1Opinion of the CourtHerrick, J.
While the contract between a husband and wife for a future separation is void, after a separation has taken place, a contract for the separate support and maintenance of the wife made through the intervention of a trustee, is valid and binding upon all the parties. Galusha v. Galusha, 116 N. Y. 635; Clark v. Fosdick, 118 id. 7; Duryea v. Bliven, 122 id. 567; Hughes v. Cuming, 36 App. Div. 302.
The case last cited was reversed upon another question in 165 N. Y. 91, but the contract between the parties was said to be unaffected and still in force between them. See page 98.
Where a married couple…
2Cases cited6 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
- Hughes v. . CumingNew York Court of Appeals · 1900
- Pettit v. PettitNew York Court of Appeals · 1887
- Hughes v. CumingAppellate Division of the Supreme Court of the State of New York · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Winter v. . WinterNew York Court of Appeals · 1908
- Levy v. DockendorffAppellate Division of the Supreme Court of the State of New York · 1917
- Roth v. Roth, New York County Courts1912
- Brown v. BrownNew York Supreme Court · 1924
- Grissler v. GrisslerAppellate Division of the Supreme Court of the State of New York · 1924
1 more not listed; retrieve them via the Exa API.