Galusha v. . Galusha
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1887, which modified a judgment, entered upon a decision of the court on trial at Special Term, and, as modified, affirmed the judgment. This was an action for absolute divorce. The plaintiff in her complaint alleged adultery on the part of the defendant with three persons.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1887, which modified a judgment, entered upon a decision of the court on trial at Special Term, and, as modified, affirmed the judgment. This was an action for absolute divorce. The plaintiff in her complaint alleged adultery on the part of the defendant with three persons. Defendant in his answer denied the allegation as to two of the parties named ; and set np as a defense to the demand for alimony a separation agreement, dated April 30,…
1Opinion of the CourtParker, J.
Was it error to disregard the agreement between the parties to this action, and the trustee, providing for the support of this plaintiff during her life, and to make such an allowance as to the court seemed just, is the question presented for our consideration ?
The trial court apparently adopted the view that, inasmuch as the statute empowers the court to require the wrong-doing husband to provide for the support of the wife, it may permit the agreement to stand, and, in addition thereto, compel the defendant to pay such other or further sum as the surrounding circumstances suggest to be…
2Cases cited9 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Kremelberg v. KremelbergCourt of Appeals of Maryland · 1879
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Pettit v. PettitNew York Court of Appeals · 1887
- Calkins v. LongNew York Supreme Court · 1855
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3Cited by228 opinions
- Goldman v. GoldmanNew York Court of Appeals · 1940
- Lynn v. LynnNew York Court of Appeals · 1951
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- North v. NorthSupreme Court of Missouri · 1936
- Helvering v. LeonardSupreme Court of the United States · 1940
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