Toben v. Toben

Appellate Division of the Supreme Court of New York

Toben v. Toben

232 A.D. 768

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1931

StatusPublished

This text of 232 A.D. 768 (Toben v. Toben) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Toben v. Toben, 232 A.D. 768 (N.Y. Ct. App. 1931).

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Opinion

Judgment reversed upon the law and the facts, without costs, and judgment directed in favor of defendant, without costs. We are of opinion that plaintiff failed to show facts sufficient to entitle her to a decree of separation, against defendant, and that it must be held upon this record that she left defendant without sufficient cause. Findings of fact and conclusions of law contrary to this decision are reversed and new findings will be made in accordance herewith. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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Judgment reversed upon the law and the facts, without costs, and judgment directed in favor of defendant, without costs. We are of opinion that plaintiff failed to show facts sufficient to entitle her to a decree of separation, against defendant, and that it must be held upon this record that she left defendant without sufficient cause. Findings of fact and conclusions of law contrary to this decision are reversed and new findings will be made in accordance herewith. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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Bluebook (online)

232 A.D. 768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toben-v-toben-nyappdiv-1931.