Hirschthal v. Hirschthal

This action is brought to recover installments from November 5, 1927, to February 6, 1928, due plaintiff under a separation agreement. The defendant set up that prior to the due date of the first installment sued for the plaintiff brought an action for divorce, and that thereby, he contends, she repudiated said separation agreement. It appears, however, that the final decree awarding permanent alimony was entered after the due date of the last installment herein sued for and that no temporary alimony was asked for or granted. Under these circumstances the plaintiff did not as a matter of law…