Almonte v. Almonte

In this action for separation and to rescind a separation agreement for fraud the court dismissed appellant’s complaint upon the ground that up to the date of trial she had continued to accept monthly payments of alimony as provided in the separation agreement and that she was thereby estopped from maintaining an action to rescind.

A contract between husband and wife is upheld only where the provision for the maintenance of the wife or children is suitable and equitable. (Hungerford v. Hungerford, 161 N. Y. 550, 553; Goldman v. Goldman, 282 id. 296.) As it is asserted by appellant that the…