Hughes v. . Cuming
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 14,1899, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 14,1899, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The order appointing plaintiff as trustee was void and ineffectual, and plaintiff, the so-called substituted trustee, has no legal interest in the agreement, and cannot recover thereupon. (Hunt v. Hunt, 72 N. Y. 217; Graig v. Town of Andes, 93 N.…
1Opinion of the CourtVann, J.
This action was brought to recover the sum of $969 alleged to be due the plaintiff upon an agreement of separation made on the 22nd of December, 1887, between Mari A. Cuming, Maud A. Cuming, his wife, and Mary L. Chamberlain as her trustee. Mr. and Mrs. Cuming were married in 1877, but at the date of said agreement they were living separate and apart from each other. After reciting that unhappy differences had arisen between the husband and wife, “ for which reason they have consented and agreed and hereby do consent and agree to live separate and apart from each other during their natural…
2Cases cited6 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Hunt v. . HuntNew York Court of Appeals · 1878
- Kamp v. . KampNew York Court of Appeals · 1874
- Losey v. . StanleyNew York Court of Appeals · 1895
- Smith v. . Central Trust Co.New York Court of Appeals · 1897
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3Cited by46 opinions
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Johnson v. . JohnsonNew York Court of Appeals · 1912
- McMullen v. ArnoneAppellate Division of the Supreme Court of the State of New York · 1981
- Stoddard v. . StoddardNew York Court of Appeals · 1919
41 more not listed; retrieve them via the Exa API.