Rodgers v. Rodgers

This is a motion to dismiss the complaint under rule 107 of the Rules of Civil Practice, and to strike out certain of its paragraphs under rule 103. In 1909 the defendant Helen M. Rodgers, her husband, James M. Rodgers, against whom she had brought an action for divorce then pending, and the latter’s father, John C. Rodgers, entered into an agreement whereby this defendant withdrew her divorce action and agreed to resume marital relations with her husband, in consideration of which her husband and his father agreed, among other things, to pay her $300 per month “ so long as she shall live,”…