McDermott v. Books
This text of 128 Misc. 17 (McDermott v. Books) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment unanimously reversed upon the law, with thirty dollars costs to appellant, and complaint dismissed, with appropriate costs in the court below.
Where a wife has left her husband and is living apart from him without justification and he maintains a home where he is wEling to support her, he is not liable even for necessaries furnished to her. Where husband and wife are living together, the wife has implied authority to pledge his credit for necessaries. Where they are separated and living apart, she has no such authority and the burden is upon any one seeking to hold the. husband for necessaries furnished to the wife to show that the separation was due to the [18]*18fault of the husband. (Constable v. Rosener, 82 App. Div. 155; affd., 178 N. Y. 587; Buxbaum v. Mason, 48 Misc. 396; Altman & Co. v. Durland, 185 App. Div. 114; Bostwick v. Brower, 22 Misc. 709.)
Present, Cropsey, MacCrate and Lewis, JJ.
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Cite This Page — Counsel Stack
128 Misc. 17, 217 N.Y.S. 181, 1926 N.Y. Misc. LEXIS 1066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdermott-v-books-nyappterm-1926.