Mashbir v. Mashbir

From a judgment in favor of plaintiff after trial before the court without a jury in an action to recover a sum of money allegedly due under a separation agreement defendant appeals.

The material facts are:

Plaintiff’s complaint alleged in substance that defendant owed her as arrearage under a separation agreement dated October 3, 1926, $10,466. Defendant by his answer denied generally the alleged indebtedness and as an affirmative defense asserted :

“. . . that the agreement referred to in plaintiff’s complaint, to-wit, the agreement of October 3, 1926, is no longer in force and effect, that on…