New York Court of Appeals
Bainbridge S. Clark, as Trustee v. C. Baldwin Fosdick, Appellants
December 10, 1889118 N.Y. 7
Summary
The Court affirmed that the trustee could sue to enforce the articles of separation and that the divorce decree did not invalidate the separation agreement because it contained no alimony provision. The dissent argued that the divorce destroyed the consideration underlying the agreement and therefore discharged the husband's obligation.