Legal Opinion

Tirrell v. Tirrell

New York Supreme Court

Decided May 15, 1919PublishedCited by 5 opinions

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

  1. Winter v. . WinterNew York Court of Appeals · 1908
  2. Hungerford v. . HungerfordNew York Court of Appeals · 1900
  3. Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
  4. Ducas v. DucasAppellate Division of the Supreme Court of the State of New York · 1916
  5. Ducas v. GuggenheimerNew York Supreme Court · 1915

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Fives v. FivesAppellate Terms of the Supreme Court of New York · 1924
  2. Tirrell v. TirrellAppellate Division of the Supreme Court of the State of New York · 1920
  3. Marks v. MarksAppellate Terms of the Supreme Court of New York · 1926
  4. Stewart v. StewartNew York Supreme Court · 1927
  5. M. Pachman, Inc. v. New Amsterdam Casualty Co.New York Supreme Court · 1935

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