Goodale v. . Lawrence
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 13,'1881, which affirmed a judgment in favor of defendant, entered upon an order setting aside a verdict for plaintiff, and directing judgment for defendant.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 13,'1881, which affirmed a judgment in favor of defendant, entered upon an order setting aside a verdict for plaintiff, and directing judgment for defendant. This action was brought by the plaintiff, as superintendent of the poor of Orange county, against the executors of the estate of Abraham Maze, deceased, to recover for the support of the testator’s wife from October, 1872, to January, 1875. In the plaintiff’s complaint it is alleged that defendant’s…
1Opinion of the CourtTracy, J.
In the case of Norton v. Rhodes (18 Barb. 100) it is held that “ the superintendent of the poor cannot maintain an action against a husband for boarding, clothing and medical aid furnished to his wife as a pauper, notwithstanding he has maltreated her and expelled her from his house without just cause, and refuses to provide for her, although of sufficient ahihty to do so.”
This decision was placed upon the ground : First. “ That the wife of a man, who is bound by the law to support her and who is abundantly able to do so, ’ cannot be regarded as a pauper.” Second. “ That there is no authority…
2Cases cited2 opinions
- Board of Supervisors v. BudlongNew York Supreme Court · 1868
- Norton v. RhodesNew York Supreme Court · 1854
3Cited by29 opinions
- Sengstack v. SengstackNew York Court of Appeals · 1958
- N. K. Fairbank Co. v. Luckel, King & Cake Soap Co.Court of Appeals for the Ninth Circuit · 1900
- In Re Estate of YturburruCalifornia Supreme Court · 1901
- Hodson v. StapletonAppellate Division of the Supreme Court of the State of New York · 1936
- McNairy County v. McCoinTennessee Supreme Court · 1898
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