Garlock v. Garlock

CourtNew York Court of Appeals
Writing for the CourtCRANE
Citation18 N.E.2d 521,279 N.Y. 337
Decision Date03 January 1939
PartiesGARLOCK v. GARLOCK.

279 N.Y. 337
18 N.E.2d 521

GARLOCK
v.
GARLOCK.

Court of Appeals of New York.

Jan. 3, 1939.


Action by Pauline Harvey Garlock against Olin J. Garlock on a contract under which the defendant who was the plaintiff's husband agreed to pay a certain sum annually during plaintiff's life to be used by plaintiff for support and maintenance in lieu of all obligation which the husband had to support the wife. From an order of the Appellate Division, Fourth Department, 255 App.Div. 88, 5 N.Y.S.2d 619, which reversed on the law a judgment of the Special Term dismissing the complaint, the defendant appeals. The Supreme Court, Appellate Division, 255 App.Div. 752,7 N.Y.S. 232, denied a motion for reargument, granted leave to appeal to the Court of Appeals, and certified the following question: ‘Upon the record in this case was the defendant entitled to a dismissal of the complaint as a matter of law?’

Order of Appellate Term reversed and judgment of Special Term affirmed; question certified answered in the affirmative.

[18 N.E.2d 521]

Appeal from Supreme Court, Appellate Division, Fourth department.
Paul Folger and Keith D. Poland, both of Rochester, for appellant.

Robert T. Dwyer and David H. Shearer, both of Rochester, for respondent.


CRANE, Chief Judge.

The parties to this action are husband and wife, living in Palmyra, New York. Without any though or idea of separation they entered into the following agreement:

‘This agreement made and entered into this 2nd day of April, 1935, by and between Olin J. Garlock, of Palmyra, New York, party of the first part, and Pauline Harvey Garlock, of Palmyra, New York, party of the second part,

‘Whereas, party of the first part and party of the second part are husband and wife, and reside together as such in the village of Palmyra, New York,

‘Witnesseth:

‘That for and in consideration of the premises and of the mutual covenants hereinafter contained, and of the obligations of the party of the first part to support and maintain party of the second part as his lawful wife,

‘Now, therefore, the parties do agree as follows:

‘That party of the first part hereby covenants and agrees that he will pay over to party of the second part the sum of Fifteen Thousand Dollars ($15,00.00) per annum for and during the term of the natural life of party of the second part, the said sum to be paid over by him in equal monthly installments of Twelve Hundred and Fifty Dollars ($1250.00) each in advance on the first day of each and every month for and during said term.

‘It is expressly covenanted and agreed by party of the second part that the sum and/or sums paid to her as aforesaid by party of the first part shall be used by her for her support and maintenance, and that the same sum and/or sums received by her under this agreement shall be in lieu of and in release of any and all obligations which the party of the first part otherwise...

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49 practice notes
  • Phillips, Nizer, Benjamin, Krim & Ballon v. Rosenstiel, No. 59
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 10 Diciembre 1973
    ...Keller v. Phillips, 39 N.Y. 351, 354 (1868); DeBrauwere v. DeBrauwere, supra, 203 N. Y. at 464-465, 96 N.E. at 723; Garlock v. Garlock, 279 N.Y. 337, 340, 18 N.E.2d 521, 522 (1939); Grishaver v. Grishaver, 225 N.Y.S.2d 924, 935-936 (Sup.Ct. 1961); Tausik v. Tausik, 38 Misc.2d 11, 235 N.Y.S.......
  • Wiesenfeld v. State of NY, No. 79 Civ. 0106.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 9 Julio 1979
    ...prosperous they prosper; when financial misfortune befalls him, the wife and family are also obliged to receive less." Garlock v. Garlock, 279 N.Y. 337, 340, 18 N.E.2d 521, 522 (1939); see De Brauwere v. De Brauwere, 203 N.Y. 460, 464-65, 96 N.E. 722 (1911); Austin v. Austin, 282 A.D. 493, ......
  • Charney v. Charney,
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 27 Junio 1944
    ...§ 51, as amended by Laws of 1941, c. 13, § 1; Winter v. Winter, 191 N.Y. 462, 84 N.E. 382, 16 L.R.A.,N.S., 710; Garlock v. Garlock, 279 N.Y. 337, 18 N.E.2d 521, 120 A.L.R. 1331;Goldman v. Goldman, 282 N.Y. 296, 26 N.E.2d 265;Kyff v. Kyff, 286 N.Y. 71, 35 N.E.2d 655;Schmelzel v. Schmelzel, 2......
  • Medical Business Associates, Inc. v. Steiner
    • United States
    • New York Supreme Court — Appellate Division
    • 19 Octubre 1992
    ...had a duty to support his wife and to provide for her necessary expenses (see, Cromwell v. Benjamin, 41 Barb 558; Garlock v. Garlock, 279 N.Y. 337, 18 N.E.2d 521; North Carolina Baptist Hospitals, Inc. v. Harris, supra ). In return for her husband's support, the wife had a corresponding dut......
  • Request a trial to view additional results
49 cases
  • Phillips, Nizer, Benjamin, Krim & Ballon v. Rosenstiel, No. 59
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 10 Diciembre 1973
    ...Keller v. Phillips, 39 N.Y. 351, 354 (1868); DeBrauwere v. DeBrauwere, supra, 203 N. Y. at 464-465, 96 N.E. at 723; Garlock v. Garlock, 279 N.Y. 337, 340, 18 N.E.2d 521, 522 (1939); Grishaver v. Grishaver, 225 N.Y.S.2d 924, 935-936 (Sup.Ct. 1961); Tausik v. Tausik, 38 Misc.2d 11, 235 N.Y.S.......
  • Wiesenfeld v. State of NY, No. 79 Civ. 0106.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 9 Julio 1979
    ...prosperous they prosper; when financial misfortune befalls him, the wife and family are also obliged to receive less." Garlock v. Garlock, 279 N.Y. 337, 340, 18 N.E.2d 521, 522 (1939); see De Brauwere v. De Brauwere, 203 N.Y. 460, 464-65, 96 N.E. 722 (1911); Austin v. Austin, 282 A.D. 493, ......
  • Charney v. Charney,
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • 27 Junio 1944
    ...§ 51, as amended by Laws of 1941, c. 13, § 1; Winter v. Winter, 191 N.Y. 462, 84 N.E. 382, 16 L.R.A.,N.S., 710; Garlock v. Garlock, 279 N.Y. 337, 18 N.E.2d 521, 120 A.L.R. 1331;Goldman v. Goldman, 282 N.Y. 296, 26 N.E.2d 265;Kyff v. Kyff, 286 N.Y. 71, 35 N.E.2d 655;Schmelzel v. Schmelzel, 2......
  • Medical Business Associates, Inc. v. Steiner
    • United States
    • New York Supreme Court — Appellate Division
    • 19 Octubre 1992
    ...had a duty to support his wife and to provide for her necessary expenses (see, Cromwell v. Benjamin, 41 Barb 558; Garlock v. Garlock, 279 N.Y. 337, 18 N.E.2d 521; North Carolina Baptist Hospitals, Inc. v. Harris, supra ). In return for her husband's support, the wife had a corresponding dut......
  • Request a trial to view additional results

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