Simpson v. Dutcher

This is a motion by defendant for judgment on the pleadings and other or further relief. The complaint is for necessaries furnished a wife who is living apart from her husband. The complaint alleges abandonment by the husband, but not that the abandonment was without the wife’s fault. Hence it states no cause of action. Blowers v. Sturtevant, 4 Denio, 46; Constable v. Rosener, 82 App. Div. 155, 81 N. Y. Supp. 376, affirmed 178 N. Y. 587, 70 N. E. 1097; Ogle v. Dershem, 91 App. Div. 551, 86 N. Y. Supp. 1101.

The answer sets up as an affirmative defense that prior to the time when the…