Vanderburgh v. Vanderburgh
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $320 on a post-nuptial contract. The answer alleged that the contract entered into between the parties was against public policy and therefore void. The case was tried before Montgomery, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded and interest. From an order denying his motion for a new trial, defendant appealed.
1Opinion of the CourtDibell, J.
Action to recover upon a post-nuptial contract. There were findings for the plaintiff. The defendant appeals from the order denying his motion for a new trial.
For several years prior to April 16, 1919, the plaintiff and the defendant were husband and wife. On that day they entered' into a post-nuptial contract. By this contract the defendant agreed, among other things, to pay the plaintiff $160 on May 12, 1919, and $160 on June 12, 1919. The action is brought to recover these two sums.
The court finds that the parties were living apart when the post-nuptial agreement was made, and at the time…
2Cases cited2 opinions
- Roll v. RollSupreme Court of Minnesota · 1892
- Hertz v. HertzSupreme Court of Minnesota · 1917
3Cited by2 opinions
- Vanderburgh v. VanderburghSupreme Court of Minnesota · 1922
- Simmer v. Simmer, Jr.Supreme Court of Minnesota · 1935