GOLDSMITH v. GOLDSMITH


277 A.D. 3 (1950)

Fay J. Goldsmith, Appellant, v. Sam Goldsmith et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1950.


Attorney(s) appearing for the Case

Abraham Kaplan of counsel (Abraham Shabot, attorney), for appellant.

Leo Isacson, attorney (Phyllis Shelley Jaffe with him on the brief), for Sam Goldsmith, respondent.

Herman E. Compter of counsel (Shearman & Sterling & Wright, attorneys), for National City Bank of New York, respondent.

PECK, P. J., DORE, CALLAHAN and VAN VOORHIS, JJ., concur.


SHIENTAG, J.

The day these parties were married, plaintiff, the wife, pursuant to an antenuptial agreement, deposited $10,000 of her own money in the name of herself and her husband. She had refused to make him a gift of the funds. The husband was to open a business; the money was to be used for that purpose; or, in any event, as the court below found, "for the mutual benefit of the plaintiff and her husband during...

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