Hungerford v. . Hungerford
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 20, 1897, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement between the parties having been executed and acted upon for upwards of three years should hot be condemned as being contrary to or against public policy.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 20, 1897, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement between the parties having been executed and acted upon for upwards of three years should hot be condemned as being contrary to or against public policy. (Clark v. Fosdick, 118 N. Y. 7; Galusha v. Galusha, 116 N. Y. 635 ; Duryea v. Bliven, 122 N. Y. 567 ; 1 Bish. on Mar. & Div. [6th ed.]…
1Opinion of the CourtCullen, J.
The action was brought to set aside an agreement made between the defendant and plaintiff, who are husband and wife, by which the latter, in consideration of $1,000 and some articles of household furniture, agreed to relinquish all claims upon the defendant for support during his life and upon his estate after his decease. Differences having arisen between the parties a separation ensued, in contemplation of which the agreement was made. The referee found that the defendant, prior to the execution of the agreement, had maltreated the plaintiff and inflicted physical violence upon her to such…
2Cases cited2 opinions
- Hendricks v. . IsaacsNew York Court of Appeals · 1889
- Tallinger v. . MandevilleNew York Court of Appeals · 1889
3Cited by55 opinions
- Christian v. ChristianNew York Court of Appeals · 1977
- Winter v. . WinterNew York Court of Appeals · 1908
- Tirrell v. . TirrellNew York Court of Appeals · 1921
- Kyff v. KyffNew York Court of Appeals · 1941
- Bailey v. DillonMassachusetts Supreme Judicial Court · 1904
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