Randolph v. Field
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Armstead W. Field, from a deter mination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of March, 1914, reversing an interlocutory judgment of the City Court of the City of New York, and sustaining demurrers to the first, third and fourth defenses set up in the answer.
1Opinion of the Court
McLaughlin, J.:
The parties to this action were, on January 12, 1911, husband and wife, living separate and apart. The plaintiff, since that time, by decree of the Supreme Court, has resumed her maiden name. On the day named the defendant, as party of the first part, plaintiff, as party of the second part, and one Sawyer, as trustee for the plaintiff, party of the third part, entered into an agreement, copy of which is annexed to and made part of the complaint. This agreement provided, after reciting that the husband and wife were then living separate and apart, that neither party should sue…
2Cases cited6 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Graves v. . WhiteNew York Court of Appeals · 1882
- Powers v. PowersAppellate Division of the Supreme Court of the State of New York · 1898
- Grube v. GrubeAppellate Division of the Supreme Court of the State of New York · 1901
- Roth v. Roth, New York County Courts1912
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Mohrmann v. KobNew York Court of Appeals · 1943
- Rosenblatt v. RosenblattAppellate Division of the Supreme Court of the State of New York · 1924
- Jenkins v. JenkinsNew York Family Court · 1942
- O'Brien v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1937
- Benesch v. BeneschAppellate Division of the Supreme Court of the State of New York · 1918
30 more not listed; retrieve them via the Exa API.