Phillips v. Simmons
New York Supreme Court
Demurrer to complaint. The action was brought by plaintiffs, who were attorneys and counsellors at law, to recover for services and disbursements.
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Demurrer to complaint. The action was brought by plaintiffs, who were attorneys and counsellors at law, to recover for services and disbursements. The complaint stated that at a time named, the plaintiffs, on the retainer of the wife of defendant, commenced an action in her favor against the defendant, for a divorce on the ground of cruel and inhuman treatment, and for some months acted as attorneys and counsel for her in that action, when the parties thereto became reconciled and settled the action, and have ever since been, and are living together as man and wife; that .their services as…
1Opinion of the CourtBonney, J.
The defendant must have judgment on this demurrer. I can see no possible ground for maintaining the action. Surely a wife cannot be considered (as plaintiffs have attempted to argue) the agent of her husband, with authority to commence an action against himself, perhaps without cause, and afterwards discontinue it, and thereby make him liable to her attorneys for the costs of the action. While an action for divorce is pending, a wife may, in a proper case, obtain an order that her husband furnish her with means for carrying it on; but when the wife is plaintiff in such an action, and has…
2Cases cited2 opinions
- Shelton v. PendletonSupreme Court of Connecticut · 1847
- Wing v. HurlburtSupreme Court of Vermont · 1843
3Cited by3 opinions
- Hays v. LedmanAppellate Terms of the Supreme Court of New York · 1899
- Lanyon's Detective Agency, Inc. v. CochraneAppellate Division of the Supreme Court of the State of New York · 1924
- Browne v. WestAppellate Division of the Supreme Court of the State of New York · 1911