Jones v. Jones
New York Supreme Court
Action to set aside certain deeds by which plaintiff conveyed to his wife, the defendant, his farm in the county of Warren. The parties were living apart and the plaintiff alleges that in order to induce him to make the conveyances, the defendant falsely promised to return and cohabit with him during the remainder of his life; and that he conveyed the property relying upon the good faith of such promise.
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Action to set aside certain deeds by which plaintiff conveyed to his wife, the defendant, his farm in the county of Warren. The parties were living apart and the plaintiff alleges that in order to induce him to make the conveyances, the defendant falsely promised to return and cohabit with him during the remainder of his life; and that he conveyed the property relying upon the good faith of such promise. He further alleges that such promise was not made in good faith but with the intent to defraud him of the property; and that the defendant at the time of making the promise did not intend to…
1Opinion of the CourtSpencer, J.
The defendant has attempted by this transaction to make merchandise of her marital relations. According to tlio fundamental principles of that relation, it is the right of the husband to fix, and his duty to maintain, the matrimonial domicile; and it is the right of the wife to be supported by her husband therein, and her duty to give to her husband the benefit of her society and to render such service in the care of the home as shall be in keeping with their station in life; and any agreement which attempts to alter these rights and duties or to rest them upon any other foundation is illegal…
2Cases cited5 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Dowd v. TuckerSupreme Court of Connecticut · 1874
- Devoe v. . BrandtNew York Court of Appeals · 1873
- Hotchkin v. Third National BankNew York Court of Appeals · 1891
- Hennequin v. . NaylorNew York Court of Appeals · 1861
3Cited by1 opinion
- Gabriel v. GrahamAppellate Division of the Supreme Court of the State of New York · 1915