Edic v. Horn
New York Supreme Court
Action at law to recover of the defendant three dollars and fifty cents per week for sixty-nine weeks, by virtue of an agreement made between the plaintiff and defendant’s testator.
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Action at law to recover of the defendant three dollars and fifty cents per week for sixty-nine weeks, by virtue of an agreement made between the plaintiff and defendant’s testator. The plaintiff and "defendant’s testator were husband and wife and, according to the stipulation of the attorneys for the respective parties, they separated March 1, 1897, and continued to live apart from that time until the husband’s death, which occurred March 28, 1901. The agreement, upon which the action is brought, is tripartite— the husband being the first party, the wife the second, and one Harry Gridley the…
1Opinion of the CourtRogees, J.
While the attorneys for the respective parties have stipulated: “ That the plaintiff, Helena A. Edic, and her husband, Charles J. Edic, lived separate and apart ever since March 1, 1897;” and although the written contract was dated March 1, 1898, one year after the separation, as stipulated, it is apparent that the writing was but the carrying out of an arrangement made while they were living together, having for its object, a virtual annulment of the marriage, by means of which he would forego his marital rights and relieve himself of all its responsibilities, save only to the extent of…
2Cases cited14 opinions
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Hungerford v. . HungerfordNew York Court of Appeals · 1900
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
- Burr v. BurrNew York Court of Chancery · 1842
- Rogers v. RogersNew York Court of Chancery · 1834
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