Randall v. Randall

The marital differences of the parties to this action have been before this court on several occasions. The instant action is brought to accomplish the rescission of a separation agreement entered into August 29, 1928, between the parties and to obtain a judgment against defendant of separation from bed and board. The judgment appealed from is based upon findings which — as stated in the Special Term opinion — would require granting plaintiff a separation were it not for a finding that plaintiff has waived all defendant’s breaches of the agreement by-accepting and using an alimony check for…