Duryea v. Bliven

• Citation: 122 N.Y. 567,25 N.E. 908
• Parties: DURYEA v. BLIVEN.
• Decision Date: 02 December 1890
• Court: New York Court of Appeals

122 N.Y. 567

25 N.E. 908

DURYEA

v.BLIVEN.

Court of Appeals of New York,

Second Division.

Dec. 2, 1890.

Appeal from a judgment of the general term of the first judicial department, affirming a judgment entered on a verdict directed in favor of the plaintiff.

Edward C. Perkins, for appellant.

Wm. D. Page, for respondent.

FOLLETT, C. J.

June 5, 1872, Emma L. Duryea and Charles J. Bliven intermarried, and April 14, 1873, a son named Henry A., and August 8, 1875, a daughter named Marguerite D., were born. Afterwards, differences arose between the husband and the wife, and they separated, she bringing an action for a limited divorce. On the 19th day of February, 1883, the husband as party of the first part, the wife as party of the second part, and Alonzo Duryea, the father of the wife, as party of the third part, executed a contract, by which the husband and wife agreed to live apart. It was provided that the children should remain with the mother, subject to the right of the father to visit and associate with them, as provided in the third and fourth articles of the contract, which are as follows: ‘ Third. During the pendency of this agreement, the said party of the first part shall have free access and communication with the said two children twice in each week, to-wit, on Sunday and Wednesday; shall have admission at such times to the residence of the said party of the second part, for the purpose of seeing the said children; shall be permitted to take the children out of the house on the said two days of the week, for the purpose of exercise and companionship, at which times they may be accompanied by an attendant, to be selected or approved by the party of the second part, and compensated by the party of the first part, and if the said party of the first part should be confired to his house by illness, and unable to go to his children, then they shall be sent to him attended as aforesaid, at his expense, twice a week, at such reasonable times, and to such reasonable place or places, as may be consistent with their health. Fourth. The said party of the second part will put no obstacle in the way of the restoration and maintenance of the love and affection of the said two children for their father, or in the way of a reasonable and proper companionship between the father and his children, either by influencing the children against the father, or in any other way, nor shall she do anything to estrange them from him; and no force or duress shall be exercised...