Legal Opinion

Cain v. Cain

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1919PublishedCited by 24 opinions

Appeal by the defendant, Ambrose C. Cain, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Lewis on the 27th day of January, 1919, upon the decision of the court after a trial at the Lewis Trial Term before the court without a jury.

1Opinion of the Court

Kruse, P. J.:

The action is for a divorce. The judgment dissolves the marriage and makes provision for the support of plaintiff and an infant child, whose custody is awarded to the plaintiff.

Only that part of the judgment is appealed from which makes provision for the support and maintenance of the plaintiff and the child. A contract was entered into by the parties after they had separated and before the action was brought, which provides for such support and maintenance, and it is contended that this precludes making any other or further provision therefor by judgment.

The contract…

2Cases cited6 opinions

  1. Galusha v. . GalushaNew York Court of Appeals · 1889
  2. Galusha v. . GalushaNew York Court of Appeals · 1893
  3. Winter v. . WinterNew York Court of Appeals · 1908
  4. Hungerford v. . HungerfordNew York Court of Appeals · 1900
  5. Greenfield v. GreenfieldAppellate Division of the Supreme Court of the State of New York · 1914

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

3Cited by24 opinions

  1. Christian v. ChristianNew York Court of Appeals · 1977
  2. Helvering v. LeonardSupreme Court of the United States · 1940
  3. Kunker v. KunkerAppellate Division of the Supreme Court of the State of New York · 1930
  4. Riemer v. RiemerAppellate Division of the Supreme Court of the State of New York · 1969
  5. Rhinehart v. RhinehartWyoming Supreme Court · 1938

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

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