Telaro v. Telaro

This appeal involves an action by a wife to recover, inter alia, one half of some $24,800 withdrawn by her husband, defendant-respondent, from a brokerage account held at that time in the names of both spouses. Prior to the instant action, and some two weeks after the withdrawal in question, the wife had brought an action for separation against her husband. The dispositive issue, on this appeal is the res judicata effect of the judgment previously rendered in the separation action.

The merits of the present action must be determined by the nature of the ownership interest in the brokerage…