Gewirtz v. Gewirtz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louisa Gewirtz, 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 15th day of August, 1919, denying her motion to punish the defendant for contempt of court in failing to pay certain alimony.
1Opinion of the Court
Page, J.:
The plaintiff obtained a decree of separation from her husband, wherein he was adjudged to pay her $10 a week alimony. The defendant failed to pay, and when he owed $1,140 a motion to punish him for contempt was granted. The defendant thereupon threatened to suffer confinement rather than pay, in fact he expressed a keen desire to go to jail rather than pay. Under duress of this threat the plaintiff was induced to enter into an agreement on August 12, 1918, whereby in consideration of the payment of $1,140 to the *485plaintiff, and in consideration of the defendant waiving his “ desire…
2Cases cited5 opinions
- Greenfield v. GreenfieldAppellate Division of the Supreme Court of the State of New York · 1914
- Hobby v. HobbyAppellate Division of the Supreme Court of the State of New York · 1896
- Jones v. JonesNew York Supreme Court · 1895
- Levy v. DockendorffAppellate Division of the Supreme Court of the State of New York · 1917
- Parsons v. . MacFarlaneNew York Court of Appeals · 1917
3Cited by24 opinions
- Capell v. CapellSupreme Court of Virginia · 1935
- In re the Estate of SitkinNew York Surrogate's Court · 1934
- Thomas v. ThomasCourt of Appeals of Maryland · 1982
- In re the Estate of YardNew York Surrogate's Court · 1921
- Hallow v. HallowAppellate Division of the Supreme Court of the State of New York · 1922
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