Moat v. Moat

Appeal from an order of the Supreme Court which granted plaintiff’s motion for allowances for temporary alimony, counsel fees and the maintenance of the child of the parties’ marriage, pending the determination of an action brought to rescind a separation agreement and for a judgment of divorce or, alternatively, of separation. The basis of the Special Term’s action was its finding that the separation agreement is “void on its face as a matter of law”; this, however, on the court’s erroneous construction of the agreement *896as violative of the statute inhibiting any contract .between husband and…