Rodgers v. Rodgers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John C. Rodgers, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of March, 1918, overruling his demurrer to the complaint.
1Opinion of the Court
Shearn, J.:
I agree that the contract is not contrary to public policy and that it is founded upon a legal consideration. As I view the contract, however, the intention was that the primary obligation to provide the plaintiff with a regular income of $3,600 a year should be cast upon the plaintiff’s husband, whose duty it was during his lifetime to support and maintain .the plaintiff, and after his death upon his estate, and that the defendant should be hable as surety in the event of nonpayment by his son during his lifetime, and after the son’s death in the event that the son’s estate was…
2Cases cited2 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- O'Conner v. . GiffordNew York Court of Appeals · 1889
3Cited by1 opinion
- Rodgers v. . RodgersNew York Court of Appeals · 1923