LANDSMAN v. LANDSMAN


276 A.D. 536 (1950)

Samuel Landsman, Appellant-Respondent, v. Katherine Landsman, Respondent-Appellant

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

March 28, 1950.


Attorney(s) appearing for the Case

Millard E. Theodore for appellant-respondent.

William H. Yaeger for respondent-appellant.

SHIENTAG, J., concurs with CALLAHAN, J.; COHN, J., concurs in result and votes to affirm; VAN VOORHIS, J., concurs in part, in opinion; DORE, J., dissents in part, in opinion.


CALLAHAN, J.

The plaintiff husband brought this action for annulment on the ground that the defendant at the time of the marriage was the wife of another then living. The defendant counterclaimed for (1) a separation, and (2) money loaned. The trial court dismissed the husband's suit for annulment and awarded a judgment of separation in favor of the defendant wife. The claim for money loaned, however, was decided...

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