Fowler v. Fowler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bert A. Fowler, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 7th day of September, 1920, upon the decision of the court rendered at a Trial and Special Term without a jury• dismissing the complaint on the merits.
1Opinion of the Court
Judgment unanimously affirmed, with costs, on the opinion of Tuthill, J., at Trial Term. Kilet, J., not sitting.
The following is the opinion of the court below:
Tuthill, J.:
This action was commenced on or about September 5, 1919, to set aside a deed executed and delivered by the plaintiff to the defendant, his wife, on October 24,1916, and also a separation agreement between the parties of like date, on the ground of fraud and duress.
The contention- of plaintiff is that during the night of *573August 14, 1916, in their home in Johnson City, N. Y., he was brutally assaulted by his wife, resulting…
2Cases cited2 opinions
- George Colon & Co. v. East One Hundred & Eighty-ninth Street Building & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Feller v. GreenMichigan Supreme Court · 1872
3Cited by3 opinions
- Sheindlin v. SheindlinAppellate Division of the Supreme Court of the State of New York · 1982
- Stoerchle v. StoerchleAppellate Division of the Supreme Court of the State of New York · 1984
- Bethlehem Steel Corp. v. SolowAppellate Division of the Supreme Court of the State of New York · 1978