Legal Opinion

Buttlar v. Buttlar

New Jersey Court of Chancery

Decided June 20, 1906PublishedCited by 11 opinions

Heard on bill, answer, replication, cross-bill and answer thereto, and proofs in open court. This is a bill filed by Mina Buttlar against Christian Buttlar.

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Heard on bill, answer, replication, cross-bill and answer thereto, and proofs in open court. This is a bill filed by Mina Buttlar against Christian Buttlar. The parties were husband and wife until they were divorced by a decree dated March 24th, 1902. The bill is filed to secure the payment by the defendant to the complainant of money alleged to be due to the complainant under an agreement between the parties dated January 31st, 1894. The answer denies the liability of the defendant under the contract, and the cross-bill seeks to have the agreement canceled.

1Opinion of the Court

Garrison, Y. C.

At the time when Mina Buttlar and Christian Buttlar were husband and wife they entered into the agreement in question, which is dated January 31st, 1894, and which is printed in extenso in Buttlar v. Buttlar, 57 N. J. Eq. (12 Dick.) 650.

*673The-defendant, in November, 1895, declined to make further payments under this contract, and the complainant filed her bill to compel him to do so. In the court of chancery the defence of the husband that it would be inequitable to enforce the agreement against him was sustained, but the decree in his favor was reversed in the court of errors…

2Cases cited1 opinion

  1. Galusha v. . GalushaNew York Court of Appeals · 1889

3Cited by11 opinions

  1. Schiff v. SchiffNew Jersey Superior Court Appellate Division · 1971
  2. Peters v. PetersCourt of Chancery of Delaware · 1933
  3. Dennison v. DennisonNew Jersey Court of Chancery · 1925
  4. Taliaferro v. TaliaferroCalifornia Court of Appeal · 1954
  5. Cohen v. CohenNew Jersey Court of Chancery · 1936

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