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Butler v. Marcus

Court of Appeals of the State of New York
Mar 23, 1934
191 N.E. 544 (N.Y. 1934)

Summary

In Butler v. Marcus (264 N.Y. 519) the husband and wife, while living apart, made an agreement whereby a generous amount for the wife's support was to be paid monthly for one year, the payments to stop at the end of the year if the parties were then still married; but if before the end of that year either party should obtain a divorce, then the payments should continue.

Summary of this case from Matter of Rhinelander

Opinion

Argued March 8, 1934

Decided March 23, 1934

Appeal from the Supreme Court, Appellate Division, First Department.

Herbert C. Smyth, William M. Butler and Frederick W. Bisgood for appellant.

Archibald R. Watson, Isidor Blum and Hyman W. Gamso for respondent.


Judgment affirmed, with costs; no opinion.

Concur: POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS and CROUCH, JJ. Not sitting: KELLOGG, J.


Summaries of

Butler v. Marcus

Court of Appeals of the State of New York
Mar 23, 1934
191 N.E. 544 (N.Y. 1934)

In Butler v. Marcus (264 N.Y. 519) the husband and wife, while living apart, made an agreement whereby a generous amount for the wife's support was to be paid monthly for one year, the payments to stop at the end of the year if the parties were then still married; but if before the end of that year either party should obtain a divorce, then the payments should continue.

Summary of this case from Matter of Rhinelander

In Butler v. Marcus (supra) the Court of Appeals upheld a separation agreement which made the continuance of payments for the support of the wife contingent on her procuring a divorce, although the agreement was signed before the action was begun.

Summary of this case from Yates v. Yates
Case details for

Butler v. Marcus

Case Details

Full title:GLADYS BUTLER, Respondent, v. CHAPIN MARCUS, Appellant

Court:Court of Appeals of the State of New York

Date published: Mar 23, 1934

Citations

191 N.E. 544 (N.Y. 1934)
191 N.E. 544

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