Hofmann v. Nestel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michael Nestel, from a judgment of the Municipal Court of the city of New York, borough of Queens, in favor of the plaintiff decedent, rendered on the 13th day of April, 1909, after a trial before the court without a jury.
1Opinion of the Court
Hirschberg, J.:
The facts in this case are undisputed and the appeal presents only a question of law. The original parties to the action were husband and wife. In February, 1904, they had separated and an action had been brought in the Supreme Court in this State by the- wife, the original plaintiff herein, against her husband for a separation. In February, 1904, while that action was pending, a Written agreement was executed by the parties; and the defendant, the husband, contracted therein to pay -his wife the sum of five dollars per week for her support during her lifetime. The husband…
2Cases cited2 opinions
- Effray v. EffrayAppellate Division of the Supreme Court of the State of New York · 1905
- De Brauwere v. De BrauwereAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by2 opinions
- Randolph v. FieldAppellate Terms of the Supreme Court of New York · 1914
- Hofmann v. NestelAppellate Division of the Supreme Court of the State of New York · 1911