Daggett v. Daggett
New York Court of Chancery
This was a bill filed by the wife for a divorce, on the ground of adultery, and the same was taken as confessed. The bill showed that the wife was sick and destitute of property, and that the defendant owned a farm, and was possessed of considerable personal estate.
1Opinion of the Court
The Chancellor
said, that so long as the marriage contract remained in force, the wife was not legally competent to make a valid contract with her husband in relation to her right to alimony; and that such agreements made in advance, if sanctioned by the court without examination, would have a tendency to produce collusion between parties with a view to the dissolution of the marriage contract between them. That such agreements, therefore, if the parties wished them to receive the sanction of the court, must be shown to be perfectly fair and equitable in regard to the wife’s right to a support…
2Cited by16 opinions
- In Re the Accounting of RhinelanderNew York Court of Appeals · 1943
- Campbell v. CampbellWisconsin Supreme Court · 1875
- Wallace v. WallaceSupreme Court of New Hampshire · 1907
- Speck v. DausmanMissouri Court of Appeals · 1879
- Rhinehart v. RhinehartWyoming Supreme Court · 1938
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