Naumer v. Gray
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pendleton B. Gray, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of January, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Pendleton B. Gray, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of January, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 9th day of February, 1899, denying the defendant’s motion for a new trial made upon the minutes. This action was brought to recover the value of legal services rendered by the plaintiff, an attorney at law, to the defendant’s wife in the institution and conduct of an action brought by her against the…
1Opinion of the Court
Woodward, J.:
On a former appeal this court held that this action could be maintained ; that an action for separation, if brought in good faith, upon grounds sufficient to warrant such an action, was to be construed as a suit for the protection and support of. the wife, and that the husband, under such circumstances, was liable for the fees and compen*362sation of an attorney employed by the wife for the purpose of prosecuting the action. The action lias since been tried upon the theory indicated by this court (Nawner v. Gray, 28 App. Div. 529), resulting in a judgment of $100 for the plaintiff.
The…
2Cases cited1 opinion
- Naumer v. GrayAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by11 opinions
- Elder v. . RosenwasserNew York Court of Appeals · 1924
- Horn v. SchmalholzAppellate Division of the Supreme Court of the State of New York · 1912
- Damman v. BancroftAppellate Terms of the Supreme Court of New York · 1904
- Judd v. JuddNew York Supreme Court · 1946
- Quinn v. QuinnNew York Supreme Court · 1928
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