Benesch v. Benesch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William F. Benesch, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of November, 1917, upon the decision of the court after a trial at the New York Special Term, in an action for separation. The judgment decreed a separation and granted alimony.
1Opinion of the Court
Clarke, P. J„:
The action was brought to procure a decree of separation. The defendant answered and in addition to denying the material allegations of the complaint set up as a separate *222defense a separation agreement existing between the parties. This was an agreement under seal and was executed on the 21st day of July, 1916. It recited that
“ Whereas, divers disputes and unhappy differences have arisen between the said parties of the first and second part by reason thereof [sfc] they are now and have been since the 1st day of January, 1916, living separate and apart each from the other.” And…
2Cases cited5 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Winter v. . WinterNew York Court of Appeals · 1908
- Randolph v. FieldAppellate Division of the Supreme Court of the State of New York · 1914
- Powers v. PowersAppellate Division of the Supreme Court of the State of New York · 1898
- Beebe v. BeebeAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by9 opinions
- Borax v. BoraxNew York Court of Appeals · 1958
- Rhinehart v. RhinehartWyoming Supreme Court · 1938
- Rosenblatt v. RosenblattAppellate Division of the Supreme Court of the State of New York · 1924
- Benesch v. BeneschCity of New York Municipal Court · 1918
- Adamik v. AdamikNew York Supreme Court · 1948
4 more not listed; retrieve them via the Exa API.