Curnen v. Curnen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lillian E. Ournen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of April, 1911, upon the decision of the court rendered after a trial at the New York Special Term, except so much thereof as dismisses the defendant’s counterclaim on the merits and decrees that the corespondent named therein recover costs of the defendant.
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Appeal by the plaintiff, Lillian E. Ournen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of April, 1911, upon the decision of the court rendered after a trial at the New York Special Term, except so much thereof as dismisses the defendant’s counterclaim on the merits and decrees that the corespondent named therein recover costs of the defendant. Appeal by the defendant, Bernard V. Ournen, from all of said judgment except the provision therein that the plaintiff’s complaint be dismissed upon the…
1Opinion of the Court
Clarke, J.:
This is an action for a separation. The complaint alleges marriage on the 30th of October, 1907, the abandonment, desertion and neglect to provide from the 6th of September, 1909. The amended answer alleges a former marriage and a husband still living, which marriage had not been dissolved. For a first defense, that between August 4, 1909, and November 2, 1909, at the Hotel Bellevue in Boston, Bye Beach in the State of New York, on the Troy boat Rensselaer, in the Central Park and the Holland House, and at various times and other places, plaintiff was guilty of unchaste conduct…
2Cases cited2 opinions
- Guggenheim v. . WahlNew York Court of Appeals · 1911
- Guggenheim v. WahlAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Kelly v. KellyAppellate Division of the Supreme Court of the State of New York · 1940
- Stevens v. StevensAppellate Division of the Supreme Court of the State of New York · 1936