Harwood v. Harwood

The questions presented on this appeal are, first, whether the induction of a minor into the military service of the United States operates as a temporary emancipation during his term of service so as to suspend the obligation of his father to make payments, under a separation agreement, for the son’s support, maintenance and education, and, second, whether such induction operates as a partial failure of consideration.

*132The questions arise on a suit brought by the wife under the separation agreement. The defendant husband moved for summary judgment; the plaintiff for judgment on the pleadings.…