Schley v. . Andrews
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 27, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement of September 1, 1911, and the confession of judgment securing it were illegal and void. (Lake v. Lake, 136 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 27, 1916, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement of September 1, 1911, and the confession of judgment securing it were illegal and void. (Lake v. Lake, 136 App. Div. 47; Wolkovisky v. Rapaport, 216 Mass. 48.) The appellant is entitled to relief so far as the contract is still executory. (Code…
1Opinion of the CourtMcLaughlin, J.
This action was brought to enjoin the collection of so much of a judgment as remains unpaid and for other relief. The parties were formerly husband and wife. Unhappy differences having arisen between them, the plaintiff, in order to induce the defendant to procure a divorce, and if she did so to provide for her support, entered into an agreement by which he stipulated if she would procure a divorce he would pay her $200 per month during her life; that he would have his life insured in the sum of $20,000, payable to her upon his death in case she had not in the meantime again married; and as…
2Cases cited2 opinions
- Wolkovisky v. RapaportMassachusetts Supreme Judicial Court · 1913
- Fields v. BrownIllinois Supreme Court · 1900
3Cited by60 opinions
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Stone v. FreemanNew York Court of Appeals · 1948
- In Re the Accounting of RhinelanderNew York Court of Appeals · 1943
- Kirkbride v. Van NoteNew York Court of Appeals · 1937
- Hudson v. HudsonSupreme Court of New Jersey · 1962
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