Gilbert v. Gilbert
New York Court of Common Pleas
Action for separation from defendant’s bed and board because of his abandonment of plaintiff, and neglect or refusal to provide for her support.
1Opinion of the CourtBischoff, J.
I am of the opinion that, upon the facts in evidence, plaintiff is entitled to judgment for separation from *556defendant’s bed and board, with a suitable provision for alimony and the costs of this action.
The causes which induced the parties to this action to enter into an oral agreement among themselves, in September, 1885, to live separate and apart from each other, I regard ás wholly immaterial. The enforcement of such an agreement is contrary to public policy, and the agreement itself was, therefore, revocable at the pleasure of either party. Schouler’s Husband & Wife, §§ 471, et seq.;…
2Cases cited3 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1893
- Rogers v. RogersNew York Court of Chancery · 1834
- Ruckman v. RuckmanNew York Supreme Court · 1880
3Cited by4 opinions
- In re the Judicial Settlement of the Accounts of SmithNew York Surrogate's Court · 1895
- Poillon v. PoillonNew York Supreme Court · 1899
- Taylor v. TaylorNew York Supreme Court · 1900
- Gray v. GrayNew York Supreme Court · 1914