From Casetext: Smarter Legal Research

Rennie v. Rennie

Court of Appeals of the State of New York
Nov 27, 1941
38 N.E.2d 143 (N.Y. 1941)

Opinion

Submitted October 20, 1941

Decided November 27, 1941

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

William C. Kronmeyer for appellant.

David Rapoport for respondent.


We agree with the Trial Term that the separation agreement alleged in the second cause of action was repudiated by the wife in the counterclaim for "suitable maintenance" which she interposed in the New Jersey action. The issues raised by that counterclaim were tried in the New Jersey suit and were therein determined against the wife by the final decree of divorce as entered in favor of the husband on November 22, 1938. It follows, as the Trial Term held, that after that date the separation agreement alleged in the second cause of action had no force or effect.

The order of the Appellate Division should be reversed and the judgment of the Trial Term affirmed, without costs.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.

Ordered accordingly.


Summaries of

Rennie v. Rennie

Court of Appeals of the State of New York
Nov 27, 1941
38 N.E.2d 143 (N.Y. 1941)
Case details for

Rennie v. Rennie

Case Details

Full title:ELIZABETH RENNIE, Respondent, v. ROBERT G. RENNIE, Appellant

Court:Court of Appeals of the State of New York

Date published: Nov 27, 1941

Citations

38 N.E.2d 143 (N.Y. 1941)
38 N.E.2d 143

Citing Cases

Spade v. Spade

By instituting her action for separation, the plaintiff repudiated the separation agreement. ( Rennie v.…

Siderpali, S.P.A. v. Judal Ind., Inc.

As set forth in Part I.A., supra, it is a general rule that a party must elect between two remedies only when…