Stoddard v. . Stoddard
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 17, 1919, which reversed an order of Special Term denying a motion by defendant for judgment in her favor on the pleadings and granted said motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 17, 1919, which reversed an order of Special Term denying a motion by defendant for judgment in her favor on the pleadings and granted said motion. The following questions were certified: “ 1. Does the complaint herein state facts sufficient to constitute a cause of action? 2. Has the Supreme Court jurisdiction of the subject-matter of the action? ” The nature of the action and the facts, so far as material, are stated in the opinion. The Supreme Court is a court…
1Opinion of the Court
Hiscock, Ch. J.
The plaintiff and defendant, being husband and wife and then living apart, several years ago entered into a separation agreement which has been assumed to be valid. It contained many provisions of the general character usually found in such an agreement and amongst them those to the effect that plaintiff each month should pay to the defendant the sum of $700, $500 to be used for her own support and maintenance and $200 to be expended by her for the support and maintenance of two children. In -addition to these usual provisions it contained an unusual one which read as follows:…
2Cases cited7 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
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- Hughes v. . CumingNew York Court of Appeals · 1900
- Kelso v. KellyNew York Court of Common Pleas · 1860
- Greenleaf v. BlakemanAppellate Division of the Supreme Court of the State of New York · 1899
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