Carling v. Carling
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Alice L. Carling against James L. Carling. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
The action was by the wife against her husband to recover upon an alleged agreement in writing whereby, in terms, he promised to pay to his wife, or her assigns, a stated monthly sum for her separate maintenance and support, and from a judgment for the wife the husband has appealed. The instrument recites, and the fact was conceded upon the trial, that the alleged agreement was made in view of the existing separation of husband and wife; hence no rule of public policy was contravened. Greenhood on Public Policy, p. 484; Galusha v. Galusha, 116 N. Y. 635, 22 N. E. 1114, 6 L. R. A. 487, 15 Am.…
2Cases cited8 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Duryea v. . BlivenNew York Court of Appeals · 1890
- White v. . WagerNew York Court of Appeals · 1862
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
- Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1900
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