Zipser v. Hardy

When married parties are living together, there is an implied authority in the wife, stemming from that marital relation, to order and receive necessaries at the husband’s expense. If, as claimed by the defendant, they are living apart as a result of the wife’s affirmative wrongdoing, a triable issue is raised as to whether the alleged destruction of that aspect of the marital status gave rise to the necessity of invoking the legal services which form the basis of this action. (See Pearson v. Pearson, 230 N. Y. 141; Damman v. Bancroft, 43 Misc. 678.) A wife may not charge her husband, under…