Winter v. . Winter
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 11,1906, which reversed a judgment of affirmance by the Appellate Term of a judgment of the City Court of the city of New York dismissing' the complaint, and granted a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 11,1906, which reversed a judgment of affirmance by the Appellate Term of a judgment of the City Court of the city of New York dismissing' the complaint, and granted a new trial. The parties to this action are husband and wife, but they had lived separate and apart from each other for six years, when they entered into an agreement under their hands and seals, of which the following is a copy : “ Agreement made and entered into this 12th day of Decernher, 1903, between Charles…
1Opinion of the CourtVann, J.
Any contract between husband and wife, at least without the intervention of a trustee, as well as every contract between the wife and any third person, was void at common law. This rule rested on the principle that the existence of the wife was merged in that of her husband and the unity was so complete that nearly all their legal rights depended upon it. In 1848 the legislature of this state began very cautiously to sever the merger of identity and by 1862 had progressed so far as to permit a married woman to carry on business and make contracts with reference to her separate estate. (L.…
2Cases cited22 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Carson v. MurrayNew York Court of Chancery · 1831
- Walker v. Walker'sSupreme Court of the United States · 1870
- Hungerford v. . HungerfordNew York Court of Appeals · 1900
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
17 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Phillips, Nizer, Benjamin, Krim & Ballon v. Lewis S. RosenstielCourt of Appeals for the Second Circuit · 1973
- McMains v. McMainsNew York Court of Appeals · 1965
- In Re the Accounting of RhinelanderNew York Court of Appeals · 1943
- Garlock v. GarlockNew York Court of Appeals · 1939
- Kunker v. KunkerAppellate Division of the Supreme Court of the State of New York · 1930
83 more not listed; retrieve them via the Exa API.