102 Misc. 236 | N.Y. Sup. Ct. | 1918
Defendant moves for judgment on the pleadings, consisting of complaint and answer. The complaint alleges the marriage of plaintiff and defendant, the defendant at the time having a wife living, and the birth of two children, now respectively seven and five years of age, as a result of the bigamous marriage. It is further alleged that defendant agreed to adopt the children “so as to effectuate his desire of his aforesaid children becoming his legal and lawful heirs.” The action is brought for specific performance of the alleged agreement to adopt. The answer denies material allegations of the complaint, and as a separate defense sets forth in detail the mutual considerations contained in the agreement for adoption, including a promise by plaintiff to provide a home and to care for the children, and alleges that plaintiff in specified ways violated the conditions of the agreement by her to be performed. The defendant con
Ordered accordingly.