Legal Opinion

Everitt v. Everitt

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 1923PublishedCited by 2 opinions

Appeal by the defendant, Charles M. Everitt, from an order of the Supreme the Court, made at the Kings Special Term and entered in the office of the clerk of the county of Suffolk on the 5th day of September, 1923, striking out certain defenses and dismissing certain counterclaims contained in defendant’s amended answer, in an action for the specific performance of an agreement for support and maintenance.

1Opinion of the Court

Rich, J.-

Two causes of action are pleaded, one for the payment of certain sums of money alleged to be due and owing to the plaintiff pursuant to the terms of a separation agreement and the other for the specific performance of that portion of the agreement which provides for the execution and filing by the defendant with the War Department of an allotment for the payment direct to the plaintiff of certain monthly sums out of defendant’s salary as a major in the Army of the United States.

The theory of the defense interposed is that the marriage was procured by false and fraudulent…

2Cases cited3 opinions

  1. Stokes v. . StokesNew York Court of Appeals · 1910
  2. Hall v. HallAppellate Division of the Supreme Court of the State of New York · 1910
  3. Ostro v. OstroAppellate Division of the Supreme Court of the State of New York · 1916

3Cited by2 opinions

  1. Warshor v. WarshorNew York Supreme Court · 1927
  2. Tober v. ToberNew York Supreme Court · 1935

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