Button v. Weaver
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1219 of the Code of Civil Procedure.
1Opinion of the Court
Spring, J.:
The facts contained in the submission show that the defendant and his wife lived apart; that the plaintiff is a physician and attended the wife of the defendant professionally; that the wife was in poor health, the services rendered were necessary, were worth the sum stated, the defendant was charged therefor, and no other physician, performed similar services for the wife, and the defendant had not made any provision for medical attendance for her.
The husband is liable for actual necessaries furnished to his wife unless he has made adequate provision for her maintenance, even…
2Cases cited1 opinion
- Hatch v. . LeonardNew York Court of Appeals · 1901
3Cited by2 opinions
- Rochester General Hospital v. IngstrumMonroe County Court · 1939
- Daly's Astoria Sanatorium, Inc. v. BlairNew York City Court · 1936