Gould v. Gould
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frank Jay Gould, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of April, 1922, denying defendant’s motion for a verified reply to separate defenses in his answer.
1Opinion of the Court
Page, J.:
This is an action by Edith Kelly Gould against Frank Jay Gould, commenced in the month of October, 1921, to recover $160,000, alleged expenditures by the plaintiff between April 29, 1918, and October 29, 1921, for necessaries while she was living separate and apart from her husband, Frank Jay Gould.
The answer sets up various defenses, and the defendant has moved that the plaintiff be required to serve a verified reply. The court at Special Term denied the motion as to the second, third and fourth separate and complete defenses and the sixth and seventh partial defenses, but directed…
2Cases cited3 opinions
- Meyer v. Virginius St. Julian MayoAppellate Division of the Supreme Court of the State of New York · 1916
- Gould v. GouldAppellate Division of the Supreme Court of the State of New York · 1922
- In re CappeauAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by2 opinions
- Tinney v. Neilson's Flowers, Inc.New York Supreme Court · 1969
- Commissioner of Social Services v. Charles A. C.Appellate Division of the Supreme Court of the State of New York · 1979