Tirrell v. Tirrell
New York Supreme Court
Actiob to set aside a separation agreement.
1Opinion of the CourtPhilbin, J.
The plaintiff seeks to set aside a separation agreement made directly with her husband, the defendant, without the intervention of a trustee. Plaintiff asserts that the agreement is invalid for two reasons: (1) it is claimed that the parties were living together and separated after the agreement was made and because of it; (2) it is further claimed that the agreement is inequitable.
On July 8, 1910, the parties were living together, although their relations had been very strained for a long period. On that day the husband caused a summons and complaint to be served upon the plaintiff in an…
2Cases cited9 opinions
- Winter v. . WinterNew York Court of Appeals · 1908
- Hungerford v. . HungerfordNew York Court of Appeals · 1900
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
- Ducas v. DucasAppellate Division of the Supreme Court of the State of New York · 1916
- Ducas v. GuggenheimerNew York Supreme Court · 1915
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3Cited by5 opinions
- Fives v. FivesAppellate Terms of the Supreme Court of New York · 1924
- Tirrell v. TirrellAppellate Division of the Supreme Court of the State of New York · 1920
- Marks v. MarksAppellate Terms of the Supreme Court of New York · 1926
- Stewart v. StewartNew York Supreme Court · 1927
- M. Pachman, Inc. v. New Amsterdam Casualty Co.New York Supreme Court · 1935