Graham v. . Graham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 24, 1893, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff against defendant, her husband, to have an ante-nuptial agreement canceled and declared void. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 24, 1893, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff against defendant, her husband, to have an ante-nuptial agreement canceled and declared void. The facts, so far as material, are stated in the opinion. The ante-nuptial agreement executed between the parties to this action is a valid legal instrument and binds the parties thereto by its terms. (Story’s Eq.…
1Opinion of the Court
Andrews, Ch. J.
The order of the General Term from which the appeal is taken reversed, both on the facts and law, the judgment in favor of the defendant, entered upon the decision of the Special Term. The trial judge found that the ante-nuptial agreement was executed by the plaintiff voluntarily and understandingly, and was valid and binding both in law and equity. The judgment followed the decision and dismissed the complaint on the merits. The General Term held that the agreement by which the plaintiff, without any consideration except that arising out of the contemplated marriage between…
2Cases cited1 opinion
- Pierce v. . PierceNew York Court of Appeals · 1877
3Cited by28 opinions
- In Re Estate of CoverCalifornia Supreme Court · 1922
- Elgar v. ElgarSupreme Court of Connecticut · 1996
- Peyton v. William C. Peyton Corp.Supreme Court of Delaware · 1939
- In Re the Estate of GreiffNew York Court of Appeals · 1998
- Daniels v. BenedictCourt of Appeals for the Eighth Circuit · 1899
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