De Brauwere v. . De Brauwere
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1911, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ” . The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1911, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ” . The nature of the action and the facts, so far as material, are stated in the opinion. No such action could have been brought at common law, and the common-law duty of support of the wife by the husband has not been changed by the statutes of…
1Opinion of the CourtWillard Bartlett, J.
In this case the plaintiff a married woman, who has been abandoned by her husband, sues the husband to recover moneys which she has been compelled to expend out of her separate estate to provide necessaries for herself and her three infant children. Her separate estate consisted of the proceeds of her own labor as a seamstress and janitress and in part of a small sum of money received by way of inheritance from a deceased relative. Since he abandoned his family about September 1, 1904, the defendant has contributed nothing toward their support except the sum of fifty dollars; and although the…
2Cases cited5 opinions
- Van Valkinburgh v. WatsonNew York Supreme Court · 1816
- Keller v. . PhillipsNew York Court of Appeals · 1868
- Kenyon v. FarrisSupreme Court of Connecticut · 1880
- Kenny v. MeislahnAppellate Division of the Supreme Court of the State of New York · 1902
- Skinner v. TirrellMassachusetts Supreme Judicial Court · 1893
3Cited by167 opinions
- Kay v. KayNew York Court of Appeals · 1975
- Hickland v. HicklandNew York Court of Appeals · 1976
- Phillips, Nizer, Benjamin, Krim & Ballon v. Lewis S. RosenstielCourt of Appeals for the Second Circuit · 1973
- Laumeier v. . LaumeierNew York Court of Appeals · 1924
- Turner v. . WoolworthNew York Court of Appeals · 1917
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