Kohn v. Kohn

DORIS KOHN, Respondent, v. MARION H. KOHN, Appellant.

COUNSEL

Philip S. Ehrlich, Albert A. Axelrod and R. J. Hecht for Appellant.

Erskine, Erskine & Tulley, Morse Erskine, Gavin McNab, Schmulowitz, Aikins, Wyman & Sommer, Nat Schmulowitz, Peter S. Sommer and Sidney DeGoff for Respondent.

OPINION OF THE COURT

Memorandum

DOOLING, J.

Defendant appeals from an order directing him to pay plaintiff for her support under the terms of a final decree of divorce at the rate of $530.40 per month during the year 1948. The amount is based upon the net earnings of defendant in 1947 calculated in accordance with the property settlement agreement which was made a part of the decree, and has been construed in Kohn v. Kohn, Civ. No. 14017, ante, p. 708 [214 P.2d 71], this day filed. Two items of income included by the court are questioned: 1. a sum paid to defendant as salary by Federated Investment Company which the court treated as a dividend; and 2. income received from property acquired from the estate of George Kohn, deceased.

Appellant's similar contentions in Kohn v. Kohn, Civ. No. 14017, ante, p. 708 [214 P.2d 71], were disposed of adversely to him and no purpose would be served by repeating the discussion of them.

Order affirmed.

Nourse, P. J., and Goodell, J., concurred.