Phalen v. . United States Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 25, 1905, which affirmed a final judgment dismissing the complaint herein entered upon an order of said Appellate Division, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 25, 1905, which affirmed a final judgment dismissing the complaint herein entered upon an order of said Appellate Division, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. This action was brought by the plaintiff, Charles James Phalen, to enforce specific performance of formal marriage articles entered into in the city of Paris, France, on August 7th, 1873, in contemplation of the plaintiff’s…
1Opinion of the CourtWebneb, J.
We think the complaint sets forth a good cause of action in equity. To hold otherwise we would have to overturn principles of law and equity that have been recognized and established for centuries.
Ante-nuptial contracts, whereby the parents of the parties about to marry have agreed to settle property upon one or both of the spouses, either upon the performance of the marriage ceremony or by testamentary devise or bequest, are of such frequent occurrence, especially in England, that they form a distinct class in the body of our law. For the purposes of this discussion we may assume that this…
2Cases cited11 opinions
- Todd v. . WeberNew York Court of Appeals · 1884
- Parsell v. . StrykerNew York Court of Appeals · 1869
- Johnston v. . SpicerNew York Court of Appeals · 1887
- Sprague v. . CochranNew York Court of Appeals · 1894
- Seymour v. DelanceyNew York Court of Chancery · 1822
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3Cited by35 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Da Silva v. MussoNew York Court of Appeals · 1981
- Ex Parte SimonsSupreme Court of the United States · 1918
- De Cicco v. . SchweizerNew York Court of Appeals · 1917
- Schafer v. Fraser Et UxOregon Supreme Court · 1956
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