Lake v. Lake
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, L. Frank Lake, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 15th day of May, 1909, upon an order entered in said clerk’s office on the same day granting judgment on the pleadings, and also from the said order pursuant to which such judgment.was entered..
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Appeal by the defendant, L. Frank Lake, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 15th day of May, 1909, upon an order entered in said clerk’s office on the same day granting judgment on the pleadings, and also from the said order pursuant to which such judgment.was entered.. Plaintiff brings this action in equity against her former husband, against whom she has procured a judgment of divorce, to have vacated and declared null and void a contract executed between them pending the action for divorce.…
1Opinion of the Court
Cochrane, J.:
We agree with the learned trial' justice that the contract was void, as against public policy. We also think it was contrary to the *49spirit of section 21 of the Domestic Relations Law(Laws of 1896, chap. 272) in force when the contract was executed, which provided that “ a husband and wife cannot contract to alter or dissolve the marriage,” and that its tendency was to defeat the provisions of that statute.
In Speck v. Dausman (7 Mo. App. 165) a contract similar to' this was condemned, the court saying: “ It is quite settled that contracts between husband and wife, so framed as to…
2Cases cited7 opinions
- Hungerford v. . HungerfordNew York Court of Appeals · 1900
- Speck v. DausmanMissouri Court of Appeals · 1879
- Gillet v. . PhillipsNew York Court of Appeals · 1855
- Van Vleck v. Van VleckAppellate Division of the Supreme Court of the State of New York · 1897
- Maney v. ManeyAppellate Division of the Supreme Court of the State of New York · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re the Accounting of RhinelanderNew York Court of Appeals · 1943
- Maisch v. MaischSupreme Court of Connecticut · 1913
- Commissioner of Internal Revenue v. HydeCourt of Appeals for the Second Circuit · 1936
- Levy v. LevyAppellate Division of the Supreme Court of the State of New York · 1912
- Werner v. WernerAppellate Division of the Supreme Court of the State of New York · 1912
11 more not listed; retrieve them via the Exa API.