Zimmer v. . Settle
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the f ourth judicial department, entered upon an order made ¡November 9, 1886, which affirmed an order of Special Term denying a motion for a new trial. IT pon the trial the court directed a verdict for the defendants.
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Appeal from judgment of the General Term of the Supreme Court in the f ourth judicial department, entered upon an order made ¡November 9, 1886, which affirmed an order of Special Term denying a motion for a new trial. IT pon the trial the court directed a verdict for the defendants. This action was brought upon a bond executed by the ■ defendants to the plaintiff, dated April 7, 1879. The bond recited that differences had arisen between Annie M. Zimmer and Daniel H. Zimmer, her husband," that she had brought an action against him for a limited divorce and .for her support; that the parties…
1Opinion of the CourtBradley, J.
The bond when made and delivered became a valid obligation of the defendants, and their defense is dependent upon the circumstances and effect of the return of the wife to her husband’s liouse and home and her continuance there. The evidence did not justify the inference of any breach of the condition of the bond while the wife remained with them and before her return to the plaintiff in July, 1879. By the terms of that instrument the duty assumed by the defendants to provide for the wife and take care of her is not qualified by any circumstances or made subject to any conditions expressed in…
2Cases cited6 opinions
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- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Keller v. . PhillipsNew York Court of Appeals · 1868
- Jones v. JuddNew York Court of Appeals · 1850
- Shelthar v. GregoryNew York Supreme Court · 1829
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3Cited by26 opinions
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- Dennis v. PerkinsSupreme Court of Kansas · 1913
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