Ziluck v. Ziluck

Arthur, G. Klein, J.

This action was tried before me without a jury. Both parties waived findings of fact and conclusions of law.

The action seeks to recover payments previously made by the plaintiff husband to the defendant wife, for her and their infant child’s support under the provisions of a separation agreement, subsequently embodied in a foreign decree of divorce, on the grounds of mistake and fraud.

The parties were married in December, 1941, and the defendant’s daughter by a previous marriage, Nancy, was adopted by plaintiff in December, 1946. The plaintiff and defendant separated…