Whitney v. Whitney
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clara G-. Whitney, from a judgment of the Supreme ' Court iu favor of the defendant, entered in the office of the clerk of the county of Monroe on the 28tli day of December, 1895, upon the decision of the court rendered after a tidal at the Monroe Special Term.
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Appeal by the plaintiff, Clara G-. Whitney, from a judgment of the Supreme ' Court iu favor of the defendant, entered in the office of the clerk of the county of Monroe on the 28tli day of December, 1895, upon the decision of the court rendered after a tidal at the Monroe Special Term. The complaint in the action alleged that the parties were husband and wife; that after their marriage they entered into a contract to .live separate and apart as if they were unmarried, in consideration of which the defendant agreed to pay to the plaintiff the sum of eight dollars per week during the term of…
1Opinion of the Court
Present ■—Hardin, P. J., Follett, Ward and Gbeen, JJ.
Interlocutory judgment affirmed, with costs, on the opinion of Adams, J., delivered at Special Term.
The opinion of Adams, J., at Special Term, was as follows :
Adams, J.:, At common law, executory contracts between husband and wife were absolutely void, and no instance of their enforcement by the courts can be found among the reported cases in this State or in England. It is true that courts of' equity have upheld what are termed “ deeds of separation,” by which, through the medium of some third party, acting as a trustee, provision is made…
2Cases cited1 opinion
- Griffin v. . BanksNew York Court of Appeals · 1868
3Cited by14 opinions
- Winter v. . WinterNew York Court of Appeals · 1908
- Richards v. RichardsMassachusetts Supreme Judicial Court · 1930
- Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1900
- Effray v. EffrayAppellate Division of the Supreme Court of the State of New York · 1905
- Train v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1897
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