Newport v. Newport

New York Supreme Court

Newport v. Newport

131 Misc. 851, 228 N.Y.S. 313, 1928 N.Y. Misc. LEXIS 805

CourtNew York Supreme Court

DecidedApril 11, 1928

StatusPublished

Cited by4 cases

This text of 131 Misc. 851 (Newport v. Newport) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newport v. Newport, 131 Misc. 851, 228 N.Y.S. 313, 1928 N.Y. Misc. LEXIS 805 (N.Y. Super. Ct. 1928).

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Opinion

Frankenthaler, J.

Defendant cannot avail himself of the existence of the separation agreement which he has concededly failed to perform. Plaintiff’s institution of this action for a separation in which she asked for and obtained temporary alimony amounted to a repudiation of the agreement and an election to rescind the same. (See Landes v. Landes, 172 App. Div. 758; Randolph v. Field, 165 id. 279.)

Judgment will be for plaintiff, with twenty-five dollars per week alimony. Defendant’s motions to dismiss the complaint, upon which decision was reserved, are denied, with exceptions. Submit findings.

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Frankenthaler, J.

Defendant cannot avail himself of the existence of the separation agreement which he has concededly failed to perform. Plaintiff’s institution of this action for a separation in which she asked for and obtained temporary alimony amounted to a repudiation of the agreement and an election to rescind the same. (See Landes v. Landes, 172 App. Div. 758; Randolph v. Field, 165 id. 279.)

Judgment will be for plaintiff, with twenty-five dollars per week alimony. Defendant’s motions to dismiss the complaint, upon which decision was reserved, are denied, with exceptions. Submit findings.

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Bluebook (online)

131 Misc. 851, 228 N.Y.S. 313, 1928 N.Y. Misc. LEXIS 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newport-v-newport-nysupct-1928.

Opinion

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