Tallinger v. . Mandeville
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 last Tuesday of March, 1888, which affirmed a judgment in favor of defendants, entered upon an order nonsuiting the plaintiff on trial. The nature of the action and the material facts are stated in the opinion.
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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 last Tuesday of March, 1888, which affirmed a judgment in favor of defendants, entered upon an order nonsuiting the plaintiff on trial. The nature of the action and the material facts are stated in the opinion. The contract of separation is an illegal one and against public policy and good morals, and being made between husband and wife, with no intervening trustee, was not binding upon the plaintiff, and it was, therefore, error for the court to nonsuit plaintiff.…
1Opinion of the CourtEarl, J.
On the 26th day of September, 1881, the plaintiff was married to the defendant’s testator, Godfrey Tallinger, and they commenced to live together as husband and wife. On the eighteenth day of February thereafter the testator executed the following instrument:
“ Whereas, I, Godfrey Tallinger, did on the 26th day of September, 1881, marry my present wife, Mary Tallinger, and did then, in consideration of said marriage, agree to secure to her the payment of ten thousand dollars upon my death, provided she would live with me as my wife until said time, and should in all things at all times perform…
2Cases cited2 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- White v. . WagerNew York Court of Appeals · 1862
3Cited by11 opinions
- Hungerford v. . HungerfordNew York Court of Appeals · 1900
- Poillon v. PoillonNew York Supreme Court · 1899
- Taylor v. TaylorNew York Supreme Court · 1900
- Anderson v. AndersonWisconsin Supreme Court · 1904
- Hungerford v. HungerfordAppellate Division of the Supreme Court of the State of New York · 1897
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