TaiLexi AI U.S. Case Law

Muller v. Muller

Elizabeth C. Muller, Appellant and Respondent, v. Emil A. Muller, Respondent and Appellant

Muller v. Muller, 193 N.E. 642 (N.Y. 1934)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
New York Court of Appeals · State Highest Courts
Decided
December 31, 1934
Judges
<italic>Per Curiam.</italic>
Citations
193 N.E. 642266 N.Y. 681934 N.Y. LEXIS 888

Opinion of the Court — Per Curiam

Per Curiam.

In so far as the decree herein gives judgment for the plaintiff against the defendant in the sum of $2,118, which sum comprises the balance due to the plaintiff from the defendant, with interest thereon, up to and including the 5th day of February, 1934, and directs that the plaintiff have execution therefor, it is affirmed.

The decree, as modified by the Appellate Division, is further modified by striking out that provision which directs the defendant to pay to the plaintiff at the office of her attorney $200 per month, commencing on the 27th day of March, 1934. Specific performance is not the appropriate remedy for the collection of money. As these amounts come due, if they are not paid, the plaintiff has her action at law.

We need not at this time determine the duty of the plaintiff to support her son under the terms of the agreement as it is not now in issue.

The judgment should be modified in accordance with this opinion and, as so modified, affirmed, without costs.

Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ., concur.

Judgment accordingly.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1935: 21971: 11982: 11990: 11994: 119352026peak 1935 · 2

Relies on it most ⓘ

  1. Smith v. Smith484 P.2d 409 (Wash. Ct. App. 1971)
  2. Allyn v. AlLyn163 A.D.2d 665 (1990)
  3. April v. April245 A.D. 841 (1935)
  4. T.F. Demilo Corp. v. E.K. Construction Co.207 A.D.2d 480 (1994)
  5. Bedell v. Bedell86 A.D.2d 504 (1982)
  6. Grosso v. Santori246 A.D. 755 (1935)

Most recent

  1. T.F. Demilo Corp. v. E.K. Construction Co.207 A.D.2d 480 (1994)
  2. Allyn v. AlLyn163 A.D.2d 665 (1990)
  3. Bedell v. Bedell86 A.D.2d 504 (1982)
  4. Smith v. Smith484 P.2d 409 (Wash. Ct. App. 1971)
  5. Grosso v. Santori246 A.D. 755 (1935)
  6. April v. April245 A.D. 841 (1935)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list