GAINES v. JACOBSEN


308 N.Y. 218 (1954)

Frances Gaines, Appellant, v. Owen P. Jacobsen, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1954


Attorney(s) appearing for the Case

Ira M. Millstein, Gabriel Kaslow, Edward C. Wallace and Jacob F. Raskin for appellant.

Barent Ten Eyck for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE and VAN VOORHIS, JJ., concur with FULD, J.; FROESSEL, J., dissents in a memorandum.


FULD, J.

The question in this case is whether, under a separation agreement requiring annual payments for plaintiff's support "until she shall remarry", defendant husband's obligation to make the payments terminates permanently with the wife's "remarriage" or is revived by a later annulment of that "remarriage." The trial court, deciding that the agreement "contemplated a valid marriage", held that defendant's...

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