Benítez Rexach v. Benítez Rexach
Benítez Rexach v. Benítez Rexach
Opinion of the Court
delivered the opinion of the court.
This is. an action of debt which involves the following facts: The plaintiff an’d the defendant, after being* divorced, executed, in 1928, a deed of compromise of snits and waiver of shares and rights, whereby the plaintiff bonnd herself to abandon two snits which she had filed against the defendant, one in the Federal Court for the recovery of an acknowledged debt of $72,925.68, and another in the District Court of San Juan for the recovery of an allowance which the defendant had bonnd himself to pay to the plaintiff for the support of
On October 15, 1941, the plaintiff brought this action wherein she alleged that on December 31, 1938, three of her children had reached majority, and that from that time the defendant had failed to pay to the plaintiff the $25 monthly which was the allowance that remained to be paid to her minor daughter Haydée. She prayed for judgment for $825 which was the total amount of the unpaid monthly allowances and that defendant be ordered to pay $25 monthly, at the expiration of each allowance, plus interest, costs, and attorney’s fees.
On October 31, 1941, by reason of certain steps taken ex-trajudicially by the plaintiff, the defendant paid her $558.33, which amount corresponded to the monthly allowances that had become due from January, 1938, to November 10, 1940.
In his answer the defendant practically accepted the facts alleged in the complaint, but, by way of special defense, he alleged that his obligation of maintenance and support as to his daughter Haydee had ceased by reason of her marriage on November 10, 1940; and further he challenged the jurisdiction of the lower court and the capacity of the plaintiff to bring this action.
The court sustained the complaint in all its parts, except as to the payment of the monthly allowances which became due subsequent to the commencement of this action. The defendant appeals and assigns as error, in substance, the same defenses and allegations set up in the answer.
As to the alleged lack of jurisdiction of the lower court, the assignment has no merit. We have repeatedly
The sole question of some importance involved in this case is the determination of whether the obligation contained in the contract of compromise whereby the defendant bound himself to pay to the plaintiff a monthly allowance of $25 for the support of his daughter while she was a minor, ceased on November 10, 1940, by reason of his daughter s marriage on that date though she was still a minor.
The error committed by the defendant in setting forth all his arguments in the present case is that he starts from the false premise of considering that this is an action wherein plaintiff claims support for and in the name of her daughter. On the contrary, this is an action of debt based on a contract of compromise, of an onerous character, executed by the parties, and nothing therein brings it under the prohibitions contained in § 1207 of the Civil Code.
The fact that defendant’s daughter was emancipated by reason of her marriage would operate as an estoppel as to any claim for support which she might make against her father, defendant herein, in the first instance (§ 144 of the Civil Code); but as we have already said, such is not the case before us, which is an action of debt arising from a valid obligation contracted by the defendant and the plaintiff wherein the daughter is not and could not be a party.
The judgment appealed from should be affirmed.
Section 1207 of the Civil Code:
“The contracting parties may make the agreement and establish the clauses and conditions which they may deem advisable, provided they are not in contravention of law, morals, or public order.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.