Dupre v. Rein
New York Court of Common Pleas
Demurrer by defendant, to complaint. This action was brought by Ovide Dupre, as trustee for Clara Rein, against Philip Rein, to compel the payment of the amount agreed by defendant, in articles of separation between himself and wife, through the intervention of the plaintiff, to be paid for her support.
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Demurrer by defendant, to complaint. This action was brought by Ovide Dupre, as trustee for Clara Rein, against Philip Rein, to compel the payment of the amount agreed by defendant, in articles of separation between himself and wife, through the intervention of the plaintiff, to be paid for her support. The complaint averred that, on September 21, 1874, the defendant and Clara Rein, his wife, entered into articles of separation, which were set forth in full, whereby the defendant agreed with her and Dupre, as her trustee, that defendant and his wife should live separate and apart, and, in…
1Opinion of the CourtLarremore, J.
[After stating the facts.]—The first ground must be overruled. The contract with plaintiff was for the benefit of another. This constituted him a trustee of an express trust (Code Civ. Pro. § 449). He alone would be liable to the husband for the wife’s breach of covenants (Bishop on Mar. & Div. § 647), and the action is properly brought in his name (Parsons on Contr. § 357 ; Fenner v. Lewis, 10 Johns. 38 ; Nichols v. Palmer, 5 Day [Conn.] 47; Goddard v. *258Beebe, 4 Greene [Iowa], 350 ; Dunning v. Williams, 26 Conn. 226).
The second ground of demurrer puts at issue both the validity of the…
2Cases cited8 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Deming v. WilliamsSupreme Court of Connecticut · 1857
- Rogers v. RogersNew York Court of Chancery · 1834
- Calkins v. LongNew York Supreme Court · 1855
- Cropsey v. McKinneyNew York Supreme Court · 1859
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Gardner v. McWilliamsOregon Supreme Court · 1902
- Clark v. FosdickNew York Court of Common Pleas · 1886
- In re the Judicial Settlement of the Accounts of SmithNew York Surrogate's Court · 1895
- Poillon v. PoillonNew York Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.