Maisch v. Maisch
Supreme Court of Connecticut
Action upon a contract for the future support and maintenance of the plaintiff in lieu of permanent alimony, in case a divorce should be granted, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled {Gager, J.) and the cause was afterward tried to the court, Williams, J.; facts found and judgment rendered for the plaintiff for $3,573, and appeal by the defendant. No error.
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Action upon a contract for the future support and maintenance of the plaintiff in lieu of permanent alimony, in case a divorce should be granted, brought to the Superior Court in New Haven County where a demurrer to the complaint was overruled {Gager, J.) and the cause was afterward tried to the court, Williams, J.; facts found and judgment rendered for the plaintiff for $3,573, and appeal by the defendant. No error. The plaintiff and her then husband, the defendant, while resident in South Dakota, there entered into a contract réciting that the plaintiff had commenced an action for divorce…
1Opinion of the CourtBeach, J.
The principal question is whether the contract sued on is, on its face, and without a showing that it was in fact intended or used for collusion or suppression of evidence, so contrary to the public policy of Connecticut that it cannot support the judgment.
It is everywhere agreed that contracts for the purpose of facilitating divorce are contrary to public policy, as where the agreement is to assist each other in obtaining the divorce; Palmer v. Palmer, 26 Utah, 31, 72 Pac. 3; or for the nonappearance of one of the parties, as in Belden v. Munger, 5 Minn. 211 (Gil. 169), Adams v. Adams, 25…
2Cases cited22 opinions
- Milliken v. PrattMassachusetts Supreme Judicial Court · 1878
- Pryor v. PryorSupreme Court of Arkansas · 1908
- Randall v. RandallMichigan Supreme Court · 1877
- Inhabitants of Medway v. Inhabitants of NeedhamMassachusetts Supreme Judicial Court · 1819
- Warren v. WarrenSupreme Court of Minnesota · 1912
17 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Levy v. Daniels' U-Drive Auto Renting Co., Inc.Supreme Court of Connecticut · 1928
- Hill v. HillCalifornia Supreme Court · 1943
- Mills v. MillsSupreme Court of Connecticut · 1935
- Hayes v. BeresfordSupreme Court of Connecticut · 1981
- Felton v. FeltonSupreme Court of Connecticut · 1938
20 more not listed; retrieve them via the Exa API.