Collins v. Johnson
| Court | New York City Court |
| Writing for the Court | RICHARD W. WALLACH |
| Citation | 341 N.Y.S.2d 214,72 Misc.2d 1034 |
| Parties | Marian S. COLLINS, Plaintiff, v. Richard A.M.C. JOHNSON, Defendant. Special Term, Part I |
| Decision Date | 23 February 1973 |
Page 214
v.
Richard A.M.C. JOHNSON, Defendant.
Page 215
O'Brien, Raftery, Rosenbloom & Grainger, New York City (Robert E. Stern and William C. Perrin, New York City, of counsel), for plaintiff.
Max Solorsy, New York City, for defendant.
RICHARD W. WALLACH, Judge.
We learned from the United States Supreme Court (Estin v. Estin, 334 U.S. 541, 68 S.Ct. 1213, 92 L.Ed. 1561, and Vanderbilt v. Vanderbilt, 354 U.S. 416, 77 S.Ct. 1360, 1 L.Ed.2d 1456) that economically speaking and from the support point of view a husband can have two wives at a time. This case demonstrates that economically speaking a wife can have two husbands at a time, even where, as here, an inducement to the creation of Husband I's support obligation included an interspousal bargain for an immediate divorce.
Twenty three years to the day after their marriage in 1944 and on June 9, 1967, plaintiff and her former husband entered into a separation agreement providing for her support at the rate of $1,000.00 per month for life or until she remarried. Shortly thereafter and on August 29, 1967, the then still married parties exeuted an amendment to that agreement reaffirming that provision[72 Misc.2d 1035] for support, and further providing that if plaintiff wife would at any time remarry,
Page 216
defendant husband would continue support payments during the lifetime of the wife but at a reduced rate of $500.00 per month. Two days later and on August 31, 1967, based upon the personal appearance of defendant husband and the appearance by counsel of plaintiff, the First Civil Court for the Bravos District, Chihuahua, Mexico, issued its decree of divorce explicitly incorporating by reference the agreement and its August amendment without merger. Defendant contends that considerable pressure attended the execution of the amendment, since he was under the impression that the Mexican State of Chihuahua was going out of the divorce business one day later on September 1, 1967. (It did, but some three years later, in November 1970). That some additional pressure existed is evidenced from defendant's almost immediate remarriage after the Mexican divorce decree issued.In July 1970 plaintiff remarried, and defendant made the $500.00 monthly payments through April 1972, but refused to continue thereafter. This lawsuit to enforce the...
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Culhane v. Culhane, No. 78-247
...a divorce (must be) within the four corners of the agreement" before a separation agreement will be invalidated. Collins v. Johnson, 72 Misc.2d 1034, 341 N.Y.S.2d 214, 216 Aff'd, 75 Misc.2d 489, 348 N.Y.S.2d 136 (1973). An "alleged 'collateral oral agreement', even if made, is insufficient ......
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Alexandre v. Davis
...of the marriage * * * (nor) for the procurement of grounds for divorce." (General Obligations Law Sec. 5-311; Collins v. Johnson, 72 Misc.2d 1034, Page 760 1035, 341 N.Y.S.2d 214, 215, aff'd, 75 Misc.2d 489, 348 N.Y.S.2d 136; Rosen v. Goldberg, supra; Gunter v. Gunter, 28 A.D.2d 666, 282 N.......
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Jessup v. Weir
...that the modification agreement violates General Obligations Law § 5-311, and find them to be without merit (see, Collins v. Johnson, 72 Misc.2d 1034, 1035, 341 N.Y.S.2d 214, affd 75 Misc.2d 489, 348 N.Y.S.2d 136; Rosen v. Goldberg, 28 A.D.2d 1051, 283 N.Y.S.2d 804, affd 23 N.Y.2d 791, 297 ......
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Scibetta v. Scibetta-Galluzzo, SCIBETTA-GALLUZZ
...on other grounds 57 A.D.2d 764, 394 N.Y.S.2d 559, appeal dismissed 42 N.Y.2d 965, 398 N.Y.S.2d 148, 367 N.E.2d 654; Collins v. Johnson, 72 Misc.2d 1034, 341 N.Y.S.2d 214, affd. 75 Misc.2d 489, 348 N.Y.S.2d 136). It is, however, a matter of public policy that a spouse, upon remarriage, may n......
-
Culhane v. Culhane, No. 78-247
...a divorce (must be) within the four corners of the agreement" before a separation agreement will be invalidated. Collins v. Johnson, 72 Misc.2d 1034, 341 N.Y.S.2d 214, 216 Aff'd, 75 Misc.2d 489, 348 N.Y.S.2d 136 (1973). An "alleged 'collateral oral agreement', even if made, is insufficient ......
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Alexandre v. Davis
...of the marriage * * * (nor) for the procurement of grounds for divorce." (General Obligations Law Sec. 5-311; Collins v. Johnson, 72 Misc.2d 1034, Page 760 1035, 341 N.Y.S.2d 214, 215, aff'd, 75 Misc.2d 489, 348 N.Y.S.2d 136; Rosen v. Goldberg, supra; Gunter v. Gunter, 28 A.D.2d 666, 282 N.......
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Jessup v. Weir
...that the modification agreement violates General Obligations Law § 5-311, and find them to be without merit (see, Collins v. Johnson, 72 Misc.2d 1034, 1035, 341 N.Y.S.2d 214, affd 75 Misc.2d 489, 348 N.Y.S.2d 136; Rosen v. Goldberg, 28 A.D.2d 1051, 283 N.Y.S.2d 804, affd 23 N.Y.2d 791, 297 ......
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Scibetta v. Scibetta-Galluzzo, SCIBETTA-GALLUZZ
...on other grounds 57 A.D.2d 764, 394 N.Y.S.2d 559, appeal dismissed 42 N.Y.2d 965, 398 N.Y.S.2d 148, 367 N.E.2d 654; Collins v. Johnson, 72 Misc.2d 1034, 341 N.Y.S.2d 214, affd. 75 Misc.2d 489, 348 N.Y.S.2d 136). It is, however, a matter of public policy that a spouse, upon remarriage, may n......