Federated Department Stores, Inc. v. Seizer

Defendants were married July 3, 1960. On June 17,1964, while the wife was pregnant, they entered into a separation agreement, in which the husband agreed to pay $33.75 per week for support of the child, which was not born until July 12, 1964. Despite the separation agreement, defendants continued to reside in the same apartment. The wife testified, without contradiction, that the husband refused to leave. Sometime in mid-August, 1964, the wife left the apartment with the baby, never to return. Up to that date, the husband paid the rent, food and some other bills, but not for clothing for the…