Robinson v. Roberts

The rule that a husband is not liable in an independent action for legal services previously performed on behalf of his wife in an action brought by her for divorce is based upon the fact that an action for divorce seeks to dissolve the marital relationship. This very distinction was emphasized by me in Matthews v. Matthews (128 Misc. 309, at p. 313), where I said: “ The rule is different in suits for divorce, where ' the purpose of the actions is to dissolve the marital relationship, and not to protect or support the wife in her condition as such.’ ” In Lanyon’s Detective Agency v. Cochrane…