Preston v. Preston

Plaintiff was entitled to have the allegations of the complaint accepted as the true facts with every fair intendment drawn in their favor.

The amount in suit was for five payments of $200 each due and payable under the judgment of a Florida court on the 5th and 20th days of November and December, 1940, and the 5th day of Janu*82ary, 1941, totaling $1,000. The amounts to be paid, as fixed in the judgment, were definite and unconditional. (Rosbach v. Sackett & Wilhelms Co., 134 App. Div. 130.) The amounts of alimony are past due and defendant has not shown that he has made any application to vary…