Sunderlin v. Sunderlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lewis Sunderlin, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of February, 1907, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 26th day of .February, 1907, denying the defendant’s motion for a new ' trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The defendant appeals from a judgment entered upon the direction of a verdict in favor of plaintiff.- The action is to recover a sum claimed to be due under a separation agreement made by the parties, who are husband and wife. They married on October 27,189.6, and on August 26, 1897, entered into an agreement for a separation. This agreement is . made between the parties without the intervention of a trustee, and recites that differences had arisen between them; that the parties had separated and mutually agreed thereafter to live separate and apart. The defendant thereupon agreed…
2Cases cited5 opinions
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
- Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1900
- Whitney v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1896
- Effray v. EffrayAppellate Division of the Supreme Court of the State of New York · 1905
- Reardon v. WoernerAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- Dowie v. DeWinterAppellate Division of the Supreme Court of the State of New York · 1922
- Tirrell v. TirrellNew York Supreme Court · 1919
- In re the Estate of SilverNew York Surrogate's Court · 1929
- Marks v. MarksAppellate Terms of the Supreme Court of New York · 1926
- Stewart v. StewartNew York Supreme Court · 1927