Mullane v. Mullane

In this action for a separation the plaintiff wife claims that the defendant has neglected and refused to support her. They were married on October 16,1940; one child, since deceased, was the issue of the marriage.

The defendant has entered as a complete defense to the action a separation agreement executed by the parties on September 27, 1956. It is the accepted rule that a separation agreement freely made by husband and wife bars a subsequent action for separation. (Drane v. Drane, 207 App. Div. 217; Powers v. Powers, 33 App. Div. 126; Polakoff v. Polakoff, 175 Misc. 354.) Hence, were there…