Shelthar v. Gregory
New York Supreme Court
Demurrer to pleadings. The declaration is in debt ow bond, bearing date 31st July, 1826, conditioned that the obligor would well and truly pay to the obligee, trustee for Sa~ rah Gregory, the wife of the obligor, the sum of $75 annually during the natural life of the said Sarah, for her use and benefit.
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Demurrer to pleadings. The declaration is in debt ow bond, bearing date 31st July, 1826, conditioned that the obligor would well and truly pay to the obligee, trustee for Sa~ rah Gregory, the wife of the obligor, the sum of $75 annually during the natural life of the said Sarah, for her use and benefit. The defendant pleaded, in bar of the action, that the said Sarah being at the time of the execution of the bond the wife of the defendant, they agreed, upon sufficient cause, to live separate and apart from each other, and the defendant agreed to allow and pay her, for her separate…
1Opinion of the Court
By the Court, Sutherland, J.
The material question presented by this case is, whether the return of the wife to the bed and board of her husband terminated the agreement between them to live separate and apart from each other, and destroyed the legal force of the bond which had been given by the husband, as a part of that agreement for her separate maintenance. It probably would not be contended that the bond could be enforced if the plea, in addition to the return of the wife, had alleged that she continued to reside and cohabit with the defendant down to the time of the commencement of the…
2Cited by17 opinions
- Winter v. . WinterNew York Court of Appeals · 1908
- Randall v. RandallMichigan Supreme Court · 1877
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
- Smith v. . KingSupreme Court of North Carolina · 1890
- Zimmer v. . SettleNew York Court of Appeals · 1891
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