Boyd v. Boyd
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret P. Boyd, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 13th day of February, 1906, upon the decision of the court rendered after a trial at the Hew York Special Term, and also from two orders entered in said clerk’s office on the 4th day of June, 1908, and the 8th day of August, 1908, respectively, denying the plaintiff’s motions for a new trial upon…
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Appeal by the plaintiff, Margaret P. Boyd, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 13th day of February, 1906, upon the decision of the court rendered after a trial at the Hew York Special Term, and also from two orders entered in said clerk’s office on the 4th day of June, 1908, and the 8th day of August, 1908, respectively, denying the plaintiff’s motions for a new trial upon newly-discovered evidence.
1Opinion of the Court
Houghton, J.:
The plaintiff is .the wife of the defendant, and on the 10th day of February, 1879, they entered into an agreement between themselves, without the intervention of a trustee, providing that they' should live separate and apart from each other, and that the defendant husband would pay to the plaintiff, in monthly installments, $1,000 per year for her separate' support and maintenance. The agreement does not recite that the parties had separated at the time of its execution, but simply states that “ they have agreed henceforth to liye separately and apart from each other.” The…
2Cases cited5 opinions
- Winter v. . WinterNew York Court of Appeals · 1908
- Gray v. . HookNew York Court of Appeals · 1851
- Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1900
- Effray v. EffrayAppellate Division of the Supreme Court of the State of New York · 1905
- Lawson v. LawsonAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Sweinhart v. BambergerNew York Supreme Court · 1937
- Tirrell v. TirrellNew York Supreme Court · 1919
- Hart v. Ithaca ConservatoryNew York Supreme Court · 1932