Kendall v. Kendall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Messmore Kendall, from a 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 1st day of June, 1921, upon the decision of the court, rendered after a trial at the New York Special Term, overruling defendant’s demurrer to the complaint.
1Opinion of the Court
Laughlin, J.:
The plaintiff, who is an infant over fourteen years of age, brings this action by her mother as guardian ad litem,, to compel the defendant, who is her father, to set up a trust for her benefit in compliance with an agreement in writing entered into between him and her mother on the 28th of December, 1918. An action was then pending in the Second Judicial District Court of Nevada, brought by the wife against her husband for a divorce, and the agreement was entitled in that action. It provided that, if the plaintiff should succeed in the action, the provisions of the decree…
2Cases cited6 opinions
- Brown v. . SpohrNew York Court of Appeals · 1904
- Mayer v. . McCreeryNew York Court of Appeals · 1890
- McIntosh v. MinerAppellate Division of the Supreme Court of the State of New York · 1899
- McDonald v. Acker, Merrall & Condit Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Arliss v. . Brenon Film CorporationNew York Court of Appeals · 1921
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3Cited by4 opinions
- Drake v. DrakeAppellate Division of the Supreme Court of the State of New York · 1982
- Forman v. FormanNew York Court of Appeals · 1966
- In re the Estate of BrownAppellate Division of the Supreme Court of the State of New York · 1973
- Ben Ami v. Ben AmiAppellate Division of the Supreme Court of the State of New York · 1959