195 A.D. 430 | N.Y. App. Div. | 1921
Previous to the 6th day of August, 1903, the plaintiff in this action brought an action in the Supreme Court for separation from the defendant; the defendant answered in that action demanding affirmative relief against the plaintiff. While such action was at issue and before trial the parties reached an adjustment on terms which were incorporated in a written agreement of separation entered into between the parties hereto and a third party. That agreement is set forth in the complaint in this action and is before us upon this appeal. Among the provisions pertinent here are the following: “ That they [husband and wife, parties to that action and parties to this action] have been living separately for the year last past.” “ The said William H. Davis hereby agrees that he will pay at the time of the execution of this agreement to his said wife
The order appealed from should be reversed, but without costs.
All concur.
Order reversed, without costs.