Maxwell v. Boyd
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Eon. B. D. Rodgers, Special Judge. Contracts of separation between husband and wife cannot be enforced by an action at law, and will not be sustained even in equity cases when they are ex-ecutory in nature. M'cBreen v. McBreen, 154 Mo. 323; Chouteau v. Douchouquette, 1 Mo. 667; Sackman v. Sackman, 143 Mo. 576; Roberts v. Hardy, 89 Mo. App. 86; 25 Am. and Eng. Ency.
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Appeal from Audrain Circuit Court. — Eon. B. D. Rodgers, Special Judge. Contracts of separation between husband and wife cannot be enforced by an action at law, and will not be sustained even in equity cases when they are ex-ecutory in nature. M'cBreen v. McBreen, 154 Mo. 323; Chouteau v. Douchouquette, 1 Mo. 667; Sackman v. Sackman, 143 Mo. 576; Roberts v. Hardy, 89 Mo. App. 86; 25 Am. and Eng. Ency. Law, p. 456. (1) Parts of a contract or agreement may be void, but if any part is valid the courts will uphold and enforce the part which is valid. Presbury v. Fisher, 18 Mo. 50; Rosenblatt v.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — That contracts of separation between husband and wife are against public policy, and. are non-enforceable at law or in equity, is a well-settled doctrine; the plaintiff concedes as much. But the suit is not between the husband and wife on the contract, nor to enforce any provision of the contract which would inure to the profit or pecuniary advantage of the wife. The defendant occupies this position: He surrendered the care and custody of his infant child to another and contracted to pay to a third person, as trustee, the sum of fifty dollars per annum for the…
2Cases cited3 opinions
- Rankin v. RankinMissouri Court of Appeals · 1900
- Workman v. WarderMissouri Court of Appeals · 1887
- Meyer v. KuechlerMissouri Court of Appeals · 1881
3Cited by8 opinions
- Allen v. AllenSupreme Court of Missouri · 1954
- Campbell v. CampbellSupreme Court of North Carolina · 1951
- Llopart Morell v. Mesorana HueteSupreme Court of Puerto Rico · 1935
- Speiser v. SpeiserMissouri Court of Appeals · 1915
- Riesenmey v. RiesenmeyMissouri Court of Appeals · 1941
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