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.