Legal Opinion

Whitney v. Whitney

New York Supreme Court

Decided December 15, 1895PublishedCited by 3 opinions

■ DemubRer to the -plaintiff’s complaint. This is an action at law upon an executory contract, brought by a wife 'against her husband for an alleged breach of covenant for the payment of a weekly allowance upon condition “ that the parties should live separate and apart from each other the same as if they were unmarried.”

1Opinion of the CourtAdams, J.

At- common law executory contracts between husband and wife were absolutely void, and no instance of their enforcement by the courts can be found among the reported cases in this state or in England. It is true that courts of equity have upheld what are termed “ deeds of separation,” by which, through the medium of some third party, acting as a trustee, provision is made by a husband for the -support of his wife, although in doing so they have taken _ occasion to say that such' contracts are' at variance with the policy of the law, and it was remarked by Lord Chief ' Justice Denman in Jones…

2Cases cited1 opinion

  1. Griffin v. . BanksNew York Court of Appeals · 1868

3Cited by3 opinions

  1. Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1900
  2. Whitney v. WhitneyAppellate Division of the Supreme Court of the State of New York · 1896
  3. Hungerford v. HungerfordAppellate Division of the Supreme Court of the State of New York · 1897

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