Carling v. Carling
New York Supreme Court
Appeal by the defendant from a judgment for the plaintiff rendered hy the Municipal Court of the city of New York, third district, borough of Manhattan. Action by the wife against her husband to recover upon an alleged agreement for her separate maintenance and support.
1Opinion of the CourtBischoee, J.
The action was by the wife against her husband to recover upon an alleged agreement in writing whereby in terms he promised to pay to his wife, “or her assigns,” a stated monthly sum for her separate maintenance *493and support, and from a judgment for the wife the husband has appealed.
The instrument recites, and the fact was conceded upon the trial, that the alleged agreement was made in view of the existing separation of husband and wife; hence no rule of public policy was contravened. Greenh. Pub. Pol. 484; Galusha v. Galusha, 116 N. Y. 635; Clark v. Fosdick, 118 id. 7; Duryea v. Bliven, 122…
2Cases cited5 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- White v. . WagerNew York Court of Appeals · 1862
- Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1900
- Tinkham v. . TapscottNew York Court of Appeals · 1858
- Lawrence v. LawrenceAppellate Terms of the Supreme Court of New York · 1900
3Cited by3 opinions
- Winter v. . WinterNew York Court of Appeals · 1908
- Reardon v. WoernerAppellate Division of the Supreme Court of the State of New York · 1906
- Roeder v. MillerAppellate Terms of the Supreme Court of New York · 1921