Fenner v. Lewis
New York Supreme Court
THIS was an action of covenant. The cause was tried at the Nem-York sittings, in Jimc, 1812, before the Chief Justice. The cause came' up on a bill of exceptions, taken at the trial, The facts contained in the bill of exceptions, which are material * 7 to be stated, were as follows: Tjhe plaintiff gave in evidence articles of agreement, made the 22d of November, 1806, between *;'ie °f d"18 first part, Dorothy, the wife of the plaintiff, of the second part, and the defendant,…
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THIS was an action of covenant. The cause was tried at the Nem-York sittings, in Jimc, 1812, before the Chief Justice. The cause came' up on a bill of exceptions, taken at the trial, The facts contained in the bill of exceptions, which are material * 7 to be stated, were as follows: Tjhe plaintiff gave in evidence articles of agreement, made the 22d of November, 1806, between *;'ie °f d"18 first part, Dorothy, the wife of the plaintiff, of the second part, and the defendant, of the third part; reciting, that whereas the plaintiff,. and Dorothy, his wife, had agreed t° live separate, and'the…
1Per curiam
The principal point in this case is, whether the declarations of Mrs. Fenner, relative to the delivery of the horses, Were competent evidence. By the articles containing the covenant on which the suit is brought, the plaintiff and his wife agreed to a separation, and the defendant became a party to the agreement as her trustee. Provision was made for her maintenance and enjoyment of separate property. She was to live, thereafter, as a feme sole, and was to receive from the plaintiff, “ for her separate use, the coachee and horses which he had lately purchased.” Both parties, by the covenant,…
2Cited by10 opinions
- Gates v. . BrowerNew York Court of Appeals · 1853
- Foote v. NickersonSupreme Court of New Hampshire · 1900
- B'd Sup'rs of Tompkins Co. v. . BristolNew York Court of Appeals · 1885
- Dupre v. ReinNew York Court of Common Pleas · 1879
- Pickering v. PickeringSuperior Court of New Hampshire · 1833
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