Ducas v. Ducas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin P. Ducas, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of February, 1912, upon the decision of the court, rendered after- a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
McLaughlin, J.:
Action between husband and wife to set aside a separation agreement on the ground of fraud. The agreement is annexed to and made apart of the complaint. It is between the defendant as party of the first part, plaintiff as party of the second part, and one Guggenheimer as trustee, party of the third part. It provides that the parties of the first and second part shall live separate and apart from each other until''the death of either one; that neither will at any time sue or suffer the other to be sued in an action for separation for living separate and apart from the other;…
2Cases cited5 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Galusha v. . GalushaNew York Court of Appeals · 1893
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
- Lord v. LordNew York Supreme Court · 1893
3Cited by4 opinions
- McKnight v. Bank of New York & Trust Co.New York Court of Appeals · 1930
- Leventhal v. MichaelisNew York Supreme Court · 1961
- Schreck v. SchreckNew York Supreme Court · 1954
- Ducas v. DucasAppellate Division of the Supreme Court of the State of New York · 1912