Moll v. Greer

The action is brought by a niece of the deceased wife of the defendant to recover for alleged necessaries furnished for the decedent. It is alleged in the complaint that the defendant

*11willfully deserted his wife and refused to provide for her. This allegation is denied in the answer, and facts are set forth in the opposing affidavit tending to substantiate that denial. A triable issue is thus raised which necessitates a denial of the motion. For, while it is true that a husband is bound to supply his wife with necessaries, nevertheless, when she voluntarily deserts him he becomes relieved of…