Reports of Cases Heard And Determined in the Appellate Division ..., volume 67

Cover Reports of Cases Heard And Determined in the Appellate Division ..., volume 67
Reports of Cases Heard And Determined in the Appellate Division ..., volume 67
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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J., Bartlett, Woodward, Hirsohbero and Jenks, J J.
Judgment and order unanimously affirmed, with costs.
Agnes Ogle, Respondent, v. William Dershem, Appellant.
Res ad judicata — judgment in an action for separate maintenance — it does not bar a suit for necessaries'^ duty cf a husband to support his toife^his liability for necessaries furnished to his wife — presumption of the tD\fei's agency.
A judgment dismissiDg the complaint, in an action brought by a wife against her husband for separate ma
...intenance, is not a bar to an action subsequently brought against the husband for necessaries furnished to the wife by a person who was not a party to the former action.
A husband is bound to support his wife in the absence of either an agreement or decree of the court relieving him from that burden.
In an action brought against the husband to recover for necessaries furnished to the wife by the plaintiff while the wife was living with the plaintiff apart from her husband, testimony given by tlie defendant that shortly after his wife left his house he demanded her return and told the plaintiff that he did not want her to harbor his wife and that he was ready and willing to provide for her at his own home, does not, as a matter of law, rebut the presumption of the wife's agency for her husband in respect to the necessaries, where there is evidence tending to show that the separation of the husband and wife was due to the husband's fault and that he never thereafter contributed anything to her support except by order of the court.


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