Meany v. Meany

Appellate Division of the Supreme Court of New York

Meany v. Meany

257 A.D. 974, 12 N.Y.S.2d 988, 1939 N.Y. App. Div. LEXIS 8748

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 12, 1939

StatusPublished

This text of 257 A.D. 974 (Meany v. Meany) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Meany v. Meany, 257 A.D. 974, 12 N.Y.S.2d 988, 1939 N.Y. App. Div. LEXIS 8748 (N.Y. Ct. App. 1939).

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Opinion

In an action at law by a wife to recover from her husband for moneys expended and expenses incurred for necessaries for herself and son, plaintiff recovered a Verdict of $25,000. Judgment reversed on the facts and a new trial granted, costs to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to reduce the amount of the verdict to $12,000, in which event the judgment, as so reduced, is unanimously affirmed, without costs. In our opinion the verdict is excessive. The damages, the value of necessaries, are measured by a man’s property and by his pecuniary ability honestly exercised. (DeBrauwere v. DeBrauwere, 203 N. Y. 460.) Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.

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In an action at law by a wife to recover from her husband for moneys expended and expenses incurred for necessaries for herself and son, plaintiff recovered a Verdict of $25,000. Judgment reversed on the facts and a new trial granted, costs to abide the event, unless within ten days from the entry of the order hereon plaintiff stipulate to reduce the amount of the verdict to $12,000, in which event the judgment, as so reduced, is unanimously affirmed, without costs. In our opinion the verdict is excessive. The damages, the value of necessaries, are measured by a man’s property and by his pecuniary ability honestly exercised. (DeBrauwere v. DeBrauwere, 203 N. Y. 460.) Lazansky, P. J., Hagarty, Carswell, Adel and Close, JJ., concur.

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Bluebook (online)

257 A.D. 974, 12 N.Y.S.2d 988, 1939 N.Y. App. Div. LEXIS 8748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meany-v-meany-nyappdiv-1939.

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