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Darcey v. Darcey

146 N.Y.S. 1088 Court N.Y. App. Div. Decision date 1914-03-27 English

Contents

Majority

p. 1088
DARCEY, Appellant, v. DARCEY, Respondent.
(Supreme Court, Appellate Division, Second Department.
March 27, 1914.)

Headnote

Action by Mary L. Darcey against Dennis J. Darcey.

The writing of October 4, 1906, being not payable on a day certain, and upon a contingency not inevitable, is invalid as a promissory note. The agreement that it represents, being one to release and surrender dower rights to the husband, is against public policy and the’ laws of the state. Cn both causes of action, the complaint, as amended, was insufficient. The order and judgment are affirmed, with costs.