Hammerstein v. . Equitable Trust Co.
New York Court of Appeals
Cross-appeals, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 22, 1913, which affirmed so much of an interlocutory judgment of Special Term as overruled a demurrer to the first separate defense contained in the answer, and reversed so much of said judgment as overruled a demurrer to the second defense contained therein.
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Cross-appeals, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 22, 1913, which affirmed so much of an interlocutory judgment of Special Term as overruled a demurrer to the first separate defense contained in the answer, and reversed so much of said judgment as overruled a demurrer to the second defense contained therein. The nature of the action and the facts, so far as material, are stated in the opinion. There is no consideration to create and support any obligation on the part of the plaintiff to maintain his adult…
1Opinion of the Court
Cullen, Ch. J.
In May, 1911, Malvina Hammerstein, the wife of' the plaintiff, was prosecuting an action against him for divorce, and at said time this plaintiff, his wife and the Trust Company of America entered into an agreement by which, in lieu of alimony, the plaintiff agreed to pay his wife the sum of two hundred dollars a week, and after her death to pay to each of his two daughters one hundred dollars a week during their respective lives. As security for such payments he assigned, transferred and delivered to the trust company certain shares of the Hammerstein Amusement Company “…
2Cases cited1 opinion
- Bucklin v. BucklinNew York Court of Appeals · 1864
3Cited by7 opinions
- In re MeekerNew York Surrogate's Court · 1929
- Yates v. YatesNew York Supreme Court · 1944
- Rapp v. CansdaleNew York Supreme Court · 1960
- Bankers Trust Co. v. ToppingNew York Supreme Court · 1943
- Lawrence v. MorrisAppellate Division of the Supreme Court of the State of New York · 1915
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