Reardon v. Woerner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles H. Woerner, from a jndg-. ment of the Municipal Court of the city of Mew York, entered in the office of the clerk of said court overruling a demurrer to the complaint.
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Appeal by the defendant, Charles H. Woerner, from a jndg-. ment of the Municipal Court of the city of Mew York, entered in the office of the clerk of said court overruling a demurrer to the complaint. This was an action in- the Municipal Court of the city of Mew York to recover installments which had become due on a contract by the defendant for the support of his jvife. / The contract was made in 1904 after the separation of the husband and wife, and is the usual one through the intervention of a trustee for the wife. The husband agrees to pay ten dollar’s a week to the trustee for the’…
1Opinion of the Court
Gaynor, J.:
It is too well known among us that such a contract has long been held to be valid to call for the citation of authority.
It has of late been held, however, in the case of Carling v. Car*260ling (42 Misc. Rep. 492). that the provision at the end of section 21 of the Domestic Relations, Law (Laws of 1896, chap. 272), that “a husband and wife can not contract to alter or dissolve the marviage, or to relieve the husband from his liability to support his wife,” changes the law and makes such a contract illegal, in that it .may secaré to a wife less than she might be able to get by going to…
2Cases cited1 opinion
- Carling v. CarlingNew York Supreme Court · 1904
3Cited by7 opinions
- Winter v. . WinterNew York Court of Appeals · 1908
- Levy v. DockendorffAppellate Division of the Supreme Court of the State of New York · 1917
- Sunderlin v. SunderlinAppellate Division of the Supreme Court of the State of New York · 1908
- Roeder v. MillerAppellate Terms of the Supreme Court of New York · 1921
- Brown v. BrownNew York Supreme Court · 1924
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