Spitz v. Maxwell

Defendant seeks to dismiss the action for legal insufficiency and insists that no cause of action is pleaded and because of the admitted facts the causes are prohibited by article 2-A (§§ 61-a-61-i) of the Civil Practice Act which refers to actions against public policy. Ill the first cause plaintiff complains that he delivered various articles of jewelry to the defendant after their engagement and in contemplation of their marriage ; that thereafter the parties mutually agreed to cancel and abandon their contract of marriage; that, therefore, the condition upon which the jewelry was…