Marks v. Marks

This appeal is from a judgment dismissing the complaint upon the merits in an action by a wife for moneys unpaid by the husband under a separation agreement. The sole reason for this disposition by the court below is that the agreement was made while the parties were living together, although one or two days later they separated, and for several weeks thereafter the husband paid the allowance stipulated. An agreement made under such circumstances, the trial court held, is contrary to public policy, and cited in support of this conclusion the case of Winter v. Winter (191 N. Y. 462). In that…