La Montagne v. La Montagne

• Decision Date: 17 April 1934
• Citation: 191 N.E. 560,264 N.Y. 552
• Parties: Besse A. LA MONTAGNE, Respondent, v. William A. LA MONTAGNE, Appellant.
• Court: New York Court of Appeals Court of Appeals

264 N.Y. 552

191 N.E. 560

Besse A. LA MONTAGNE, Respondent,

v.William A. LA MONTAGNE, Appellant.

Court of Appeals of New York.

April 17, 1934.

Appeal from a judgment, entered November 10, 1933, upon an order of the Appellate Division of the Supreme Court in the First Judicial Department (239 App. Div. 352, 267 N. Y. S. 148), which reversed upon questions of law a judgment in favor of defendant entered upon a verdict, and directed judgment in favor of plaintiff for the sum demanded in the complaint. The action was brought by wife against husband to recover installments due under a separation agreement. The defendant by his answer set up two affirmative defenses alleging that the agreement was void as against public policy because, as he asserted, (1) the parties were living together at the time it was executed, and because (2) it contemplated a future separation to take effect more than five weeks subsequent to the date of its execution. The Appellate Division held that the testimony adduced upon the trial did not sustain either defense.

Herbert W. Hall, of New York City, for appellant.

Harry Bijur, of New York City, for respondent.

PER CURIAM.

Judgment affirmed, with costs; no opinion.

POUND, C. J., and CRANE, LEHMAN, O'BRIEN, HUBBS, and CROUCH, JJ., concur.

KELLOGG, J., not sitting.