Hughes v. Cuming
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by William Hughes, as trustee of Maud A. Cuming, against Mari A. Cuming. From a judgment for plaintiff, and an order overruling his motion for a new trial, defendant appeals.
1Opinion of the CourtWillard Bartlett, J.
The plaintiff brought this action as a substituted trustee of the wife, under a separation agreement between her and her husband, the defendant, to recover a balance which he claimed to be due by virtue of the terms of such agreement. After the evidence was all in on both sides, the jury, under the direction of the court, found a verdict in favor of the plaintiff for the full amount demanded, with the addition of interest.
The principal questions which arise upon, this appeal relate to the validity and construction of the separation agreement; the legal status of the plaintiff, and his right…
2Cases cited7 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Carson v. MurrayNew York Court of Chancery · 1831
- Duryea v. . BlivenNew York Court of Appeals · 1890
- Wells v. StoutCalifornia Supreme Court · 1858
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3Cited by3 opinions
- Smith v. TerryAppellate Division of the Supreme Court of the State of New York · 1899
- Chamberlain v. CumingAppellate Division of the Supreme Court of the State of New York · 1901
- McKean v. ScottAppellate Terms of the Supreme Court of New York · 1903