Maxwell v. Boyd

• Decision Date: 05 March 1907
• Citation: 123 Mo. App. 334,100 S.W. 540
• Parties: MAXWELL v. BOYD
• Court: Missouri Court of Appeals

100 S.W. 540

123 Mo. App. 334

MAXWELL v. BOYD

St. Louis Court of Appeals. Missouri.

March 5, 1907.

Rehearing Denied March 19, 1907.

PARENT AND CHILD — SUPPORT OF CHILD — CONTRACT OF PARENT.

That part of an agreement between husband and wife, on separating, that he will pay a certain amount per year for support of their child during its minority, the wife to have custody of the child, is enforceable, though the wife has got a divorce and has remarried and has removed from the state with the child.

Appeal from Circuit Court, Audrain County; R. D. Rodgers, Special Judge.

Action by John R. Maxwell, trustee for Evelene Boyd, against John Boyd. Judgment for plaintiff. Defendant appeals. Affirmed.

The action originated in a justice's court in Audrain county. The justice rendered judgment for defendant, from which plaintiff appealed to the Audrain circuit court. The regular judge (Hon. James D. Barnett) disqualified himself to preside at the trial, and Hon. R. D. Rodgers was agreed upon by the parties as special judge to sit in the case. Judge Rodgers qualified as special judge in the cause, and it was submitted to him, by agreement of parties, on the following agreed statement of facts:

"John Boyd and Julia Boyd and John Maxwell, as trustee for Julia Boyd, executed the deed of separation, a true copy of which is filed in this cause. The terms of the deed were carried out to the letter until John Boyd brought suit for divorce in this court in the year 1902. when Julia Boyd resisted the suit and claimed, and the court allowed her, $25 suit money, and the divorce was denied by the court. Defendant continued to make the annual payments provided for in the contract up to the time the payment sued for in this cause became due. Julia Boyd after the separation lived for several years, having the child Evelene with her, in Montgomery City, Mo., and was so living there at the time of the trial of the divorce suit above referred to. She afterwards went to the territory of Oklahoma, taking the child with her, and there sued and obtained a divorce from defendant, and before the payment sued for became due had remarried, and is now married and living in the territory of Oklahoma, having the said child with her.

"Deed of Separation.

"This agreement made and entered into this seventeenth day of July, 1900, between John Boyd, Julia Boyd, his wife, and John Maxwell, trustee for the said wife aforenamed, all of Audrain county, Missouri, witnesseth: Whereas, the said John and Julia Boyd for various reasons and causes are unable longer to live together in as agreeable manner as husband and wife should, and to prevent further disputes, difficulties, and dissatisfactions in said marital relations, have separated and have this day mutually agreed and covenanted to live separate and apart and no longer to live together as husband and wife, and as a part of this agreement and settlement it is further agreed by and between the parties that in consideration of the premises as well as in consideration of one dollar the said husband pays to the said trustee for the sole use and benefit of the said wife the sum of seven hundred and fifty dollars, the receipt of which is herein acknowledged both by the wife and trustee aforesaid. The said sum so paid to said trustee is for the sole use and separate use of said wife, and the said trustee is to pay over, invest, or dispose of said sum in any way and at any time the said wife may direct, free and clear of any claims, orders, or directions...