Legal Opinion

Hynes v. McDermott

New York Court of Common Pleas

Decided April 3, 1882PublishedCited by 8 opinions

Appeal from a judgment of this court entered upon the verdict of a jury and from an order denying a motion for a new trial. William R. Hynes, a resident of New York, was accustomed to spend considerable time in Europe. In the spring of 1871, while at the Langham .Hotel, London, he made the acquaintanee of the plaintiff Mrs. Hynes (who was a British subject), and an intimacy sprang up between them.

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Appeal from a judgment of this court entered upon the verdict of a jury and from an order denying a motion for a new trial. William R. Hynes, a resident of New York, was accustomed to spend considerable time in Europe. In the spring of 1871, while at the Langham .Hotel, London, he made the acquaintanee of the plaintiff Mrs. Hynes (who was a British subject), and an intimacy sprang up between them. In May, 1871, she was living in lodgings at 199 Cleveland street, London, being then pregnant by Hynes, and on the night of the Derby day in that month he visited her, desiring to remain with her,…

1Opinion of the CourtVan Brunt, P. J.

[After stating the facts as above.]— In the foregoing statement of the case, it has not been attempted to call attention to all the grounds which were litigated during the progress of the trial, nor to give any more than a general statement óf the evidence upon which the jury based their special findings:(1) That there was a common law marriage in Cleveland Street, London, between the plaintiff Mary Eliza Hynes and William R. Hynes, on the last Wednesday of May, 1871.

*428(2) That the parties thenceforward cohabited together as man and wife.(3) That William R. Hynes at the time of said marriage…

2Cases cited7 opinions

  1. Hynes v. . McDermottNew York Court of Appeals · 1883
  2. Caujolle v. . FerrieNew York Court of Appeals · 1861
  3. Clayton v. . WardellNew York Court of Appeals · 1850
  4. O'Gara v. . EisenlohrNew York Court of Appeals · 1868
  5. Rose v. ClarkNew York Court of Chancery · 1841

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3Cited by8 opinions

  1. White v. WhiteCalifornia Supreme Court · 1890
  2. In re HamiltonNew York Supreme Court · 1894
  3. Tracy v. FreyAppellate Division of the Supreme Court of the State of New York · 1904
  4. In re BrushAppellate Division of the Supreme Court of the State of New York · 1898
  5. In re the Final Judicial Settlement of the Account of Proceedings of SeymourNew York Surrogate's Court · 1920

3 more not listed; retrieve them via the Exa API.

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