New York Court of Appeals December 10, 1889 (Clark, Trustee, Etc. v. Fosdick)

lead-opinion

*12

Potter, J.

The questions to be decided upon this appeal are presented by demurrer to the complaint. The complaint -alleges the facts which ordinarily give an action to recover the money promised to be paid the plaintiff as trustee, under the agreement, but it also alleges a decree of divorcement obtained by the wife after the making of the agreement of separation and which the