Langbein v. Schneider
United States District Court
Action for services by George F. Langbein and others, against August Schneider. The services were rendered by the plaintiffs as attorneys at law to the wife of defendant in consultations and preparation of papers in a suit for separation upon the ground of cruel and inhuman treatment. The papers were never served, the parties having become reconciled.
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Action for services by George F. Langbein and others, against August Schneider. The services were rendered by the plaintiffs as attorneys at law to the wife of defendant in consultations and preparation of papers in a suit for separation upon the ground of cruel and inhuman treatment. The papers were never served, the parties having become reconciled. The plaintiffs relied on evidence that when the wife consulted and employed them, she stated, in answer to their inquiry, that she had no means to pay for their services, and that her husband had means, and she requested them to take her case,…
1Opinion of the CourtMcKean, J.
This is rather a novel case and there are evidently no reported cases in this State on the point involved. I have read over the evidence, together with the briefs and points of both counsel, very carefully. The law is no doubt well settled that a wife has an implied urgency to bind her husband for her necessaries, when he fails to supply them. The English cases cited uphold plaintiffs’ contention, and the two Georgia cases are strongly in their favor. I cannot well disregard them and feel justified in following them.
Under the evidence in this case I think the plaintiffs are entitled to…
2Cited by5 opinions
- In re the Estate of BrownNew York Surrogate's Court · 1908
- Arnold v. BrillCity of New York Municipal Court · 1931
- Cardozo v. GulackAppellate Division of the Supreme Court of the State of New York · 1968
- Kellogg v. StoddardNew York Supreme Court · 1903
- Browne v. WestAppellate Division of the Supreme Court of the State of New York · 1911