Braunworth v. Braunworth
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCallahan, J.
It would seem clear that under the present
circumstances and until the agreement for support is set aside for adequate reasons, its validity cannot be questioned, and the court would have no power to fix, by way of temporary alimony, a larger sum than that fixed in the agreement. Goldman v. Goldman (282 N. Y. 296) does not hold to the contrary, but, instead, reaffirms the rule of law established in the prior cases which are cited in the Goldman decision, to the effect that until the contract is impeached, the court will not compel the husband to pay a larger sum than the wife agreed to accept.…
2Cases cited1 opinion
- Goldman v. GoldmanNew York Court of Appeals · 1940
3Cited by3 opinions
- Braunworth v. BraunworthNew York Court of Appeals · 1941
- Wimpfheimer v. WimpfheimerAppellate Division of the Supreme Court of the State of New York · 1941
- Parkas v. ParkasNew York Court of Appeals · 1941