Dorn v. Dorn

Motion by defendant for an order dismissing the complaint for legal insufficiency. (Rules Civ. Prac., rule 106.)

This action was brought to recover $4,230 allegedly due under a separation agreement made by the parties on March 25, 1946. *1058By the terms of said agreement defendant agreed to pay $30 per week for the support of the plaintiff and a son, the issue of the marriage, until either plaintiff remarried after obtaining a divorce or defendant obtained a divorce in the State of New York. Thereafter defendant was to pay only $15 per week for the support of his son.

On April 14, 1946, plaintiff…