The New York State Reporter Volume 14 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1888 Excerpt: ... HUSBAND AND WIFE. 1. Conveyance--Validity Of--When Upheld As Between Partes. A conveyance was obtained from a wife by her husband at his solicitation. Held, that it would not be set aside as obtained by fraudulent means where it appeared that the grantor acted understanding in making it, although she was weak and in a highly nervous and excitable state at the time of its execution. Aldrich v. Aldrieh (Sup. Ct.) 516 2. Agreement Between As To Earnings--When Enforcible. The husband and wife entered into an agreement by the terms of which she was to have the income derived from the keeping of a boarder and also the management of the poultry. Held, that the income so derived be. longed to her and formed a part of her separate estate. Matter of Kinmer (Sup. Ct.) 618 INJUNCTION. When Granted--What Is Meant By Irreparable Damage. Where the lessor enters upon the property so leased, and threatens to use it in such a manner as will destroy in part the lessee's use of it. Held, that irreparable damage was threatened withiu the meaning of the law and that the court would grant a judgment restraining such action on the part of the lessor, although able and willing to respond in money damages. Horton v. Carhart (Sup. Ct.) 546 INSURANCE. 1. Condition Limiting Time Within Which Action Upon Policy Must Be Brought Is Valid. A policy of insurance contained the following clause: "It is hereby expressly provided that no suit or action against this company for the recovery of any claim by virtue of this policy shall be sustainable in any court of law or equity unless such suit or action shall be commenced within twelve months next after the fire shall have occurred, and should any suit or action be commenced against this company after the ex piration of the aforesaid twelve ...