New York Court of Appeals

Charity Hungerford, Respondent v. Orrin Hungerford, Appellant

February 6, 1900161 N.Y. 550

Summary

The Court affirmed the lower court's judgment rescinding a separation agreement between husband and wife, holding that contracts between spouses are void at law and enforceable in equity only when fair, and that the agreement was inadequate and executed under ill‑treatment. The Court also held that the wife need not restore support she had already expended.