Gray v. Butler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James M. Gray, as trustee, and by the defendant, Annie Butler, from a judgment of the Supreme Court in favor of' the defendant, Orlando W. Butler, entered in the.office Of the clerk of the county of Kings1 on the 5th day of December, 1905, upon the decision of the court rendered -after .a trial , at the Kings'. County Special - Term dismissing the complaint upon the merits. -
1Opinion of the Court
Rich, J.:
This action was brought to enforce the provisions of a separation agreement executed at a time when defendants were living together as husband and wife, that relation continuing for more than six months thereafter. The agreement was kept a secret, and to all outward appearances there was no change in the relations of the parties, who continued to live together the-same as they had done before. The learned justice presiding at the trial has found upon sufficient evidence that it was not the purpose of either spouse at the time of executing the agreement to live separate and apart.…
2Cases cited4 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Hughes v. CumingAppellate Division of the Supreme Court of the State of New York · 1899
- Reardon v. WoernerAppellate Division of the Supreme Court of the State of New York · 1906
- Stewart v. . HuntingtonNew York Court of Appeals · 1891
3Cited by2 opinions
- Reischfield v. ReischfieldNew York Supreme Court · 1917
- Leary v. LearyNew York Supreme Court · 1928