Ebstein v. Saxen

The plaintiff is an attorney, and sues the defendant to recover for legal services rendered in moving in the Supreme Court, New York county, to punish the defendant for contempt of court because of the defendant’s failure to pay the sums of money directed for the support of two minor children of the parties in a decree of divorce entered in an action between the defendant and his former wife.

In the divorce action no order for counsel fee was entered and no award of alimony for the support of the wife was made. The plaintiff contends that the services he rendered were necessaries. The…