Hughes v. Cuming
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mari A. Cuming, from a judgment of the Supreme Court in. favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24th day of June, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 24th day of June, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J. :
- The plaintiff brought this action as á substituted trustee of the wife, under a separation agreement between her and her husband, the defendant, to recover a balance which he claimed to be due by virtue of the terms of such agreement. After the evidence was all in on both sides, the jury, under the direction of the court, found a verdict in favor of the plaintiff for the full amount demanded, with the addition of interest.
The principal questions which arise upon this appeal relate to the validity and construction of the separation agreement, the legal status of the…
2Cases cited5 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Wells v. StoutCalifornia Supreme Court · 1858
- Zimmer v. . SettleNew York Court of Appeals · 1891
- De Peyster v. BeekmanNew York Supreme Court · 1877
3Cited by20 opinions
- Yates v. YatesNew York Supreme Court · 1944
- Brody v. BrodyAppellate Division of the Supreme Court of the State of New York · 1920
- Smith v. TerryAppellate Division of the Supreme Court of the State of New York · 1899
- Benesch v. BeneschCity of New York Municipal Court · 1918
- France v. FranceNew York Supreme Court · 1902
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