Bloom v. Bloom
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Amy K. Bloom against William Bloom. From an order overruling demurrer to the complaint, defendant appeals. Affirmed, with leave to answer.
1Opinion of the CourtBijur, J.
Plaintiff sues for money agreed by defendant to be paid to her pursuant to an agreement made after the entry of a decree of divorce between the parties. Defendant demurs, on the ground that the contract is void, as against public policy, because the consideration was plaintiff’s agreement to withdraw her appeal from the decree of divorce.
We are cited to no cases in which, after decree entered, the bare agreement of one of the parties to abandon an appeal, or even refrain from appealing, has been held invalid, as necessarily part of a scheme of collusion, or as an element of encouragement to…
2Cases cited3 opinions
- Doeme v. DoemeAppellate Division of the Supreme Court of the State of New York · 1904
- Dodge v. DodgeAppellate Division of the Supreme Court of the State of New York · 1904
- Schlesinger v. KlingerAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- In re the Judicial Settlement of the Intermediate Account of Proceedings of RhinelanderAppellate Division of the Supreme Court of the State of New York · 1942