Devine v. Devine
New Jersey Court of Chancery
On final hearing on bill to recover balance due on an agreement of separation. This is a suit brought by a wife against her husband to recover money claimed as due by the terms of a written agreement wherein the parties agreed to live separate and apart from each other, and the husband agreed to pay to the wife $15 per week. The following is a copy of the agreement: “This agreement made and by and between Mr. Thomas A. Devine, Plumber, known as the party of the first part.
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On final hearing on bill to recover balance due on an agreement of separation. This is a suit brought by a wife against her husband to recover money claimed as due by the terms of a written agreement wherein the parties agreed to live separate and apart from each other, and the husband agreed to pay to the wife $15 per week. The following is a copy of the agreement: “This agreement made and by and between Mr. Thomas A. Devine, Plumber, known as the party of the first part. Mrs. Tho’mas A. Devine, wife, known as the party of the second part. “It is mutually agreed that the said' Thomas A.…
1Opinion of the Court
Leaming, V. C.
It is urged in behalf of complainant that an equitable defence cannot be entertained in a suit of this nature; that the suit being solely for the recovery of money due under a contract and being brought in this court because the law courts cannot entertain an action by a wife against her husband, this court is restricted to the same defences that a law court could entertain had there been a trastee to prosecute the action in a court of law in behalf of the wife. This view is suggested in Buttlar v. Buttlar, 57 N. J. Eq. 645 (at p. 654), but is not made the basis *53of decision in…
2Cases cited2 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
3Cited by11 opinions
- Peters v. PetersCourt of Chancery of Delaware · 1933
- Vanderburgh v. VanderburghSupreme Court of Minnesota · 1922
- Equitable Life Assur. Soc. of US v. HusterNew Jersey Superior Court Appellate Division · 1962
- Parks v. ParksCourt of Appeals for the D.C. Circuit · 1938
- Weiner v. WeinerNew Jersey Superior Court Appellate Division · 1972
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