Catlin v. . Martin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon the report of a referee. This action was brought to recover for the board of, and for necessaries, medicines, etc., alleged to have been furnished defendant’s wife. ¡ The referee found in substance that defendant married the plaintiff’s daughter, on the 18th day of December, 1864, and that on the 15th day of April, 1869, the said marriage was dissolved by judgment, in an action brought by the wife against defendant for that purpose. That the…
1Opinion of the CourtAllen, J.
Upon the me'rits of the action the report of the referee, based upon evidence sufficient to sustain it, although there was a conflict in the testimony, is conclusive. The referee has found that encouraged by the plaintiff, the wife of the defendant left him against his will, and without justifiable cause, and went to live with the plaintiff, her mother; that the defendant was able and willing to furnish his wife with proper and suitable maintenance if she would live with him, and that he at no time requested the plaintiff to board or care for her, and never promised to pay for her board and…
2Cited by12 opinions
- Constable v. RosenerAppellate Division of the Supreme Court of the State of New York · 1903
- Maschauer v. DownsCourt of Appeals for the D.C. Circuit · 1923
- Gimbel Bros. v. SteinmanCity of New York Municipal Court · 1952
- Allen v. Selig Dry Goods Co.Indiana Court of Appeals · 1929
- Constable v. RosenerAppellate Division of the Supreme Court of the State of New York · 1903
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