126 N.Y.S. 221 | N.Y. Sup. Ct. | 1910
Plaintiff, as she avers, is the wife of the defendant. On September 1, 19'04, when they were residing in the State of New York, he, without cause, abandoned her and her children, infants of the age of eighteen and under, and has since contributed nothing to their support except the sum of $50. She was unable to procure necessaries for herself and their children upon his credit, because he had none; and he removed to the State of New Jersey, where he has since resided in the city of Newark. During this period she has herself furnished the necessaries, partly by working as a seamstress and janitress and partly by drawing upon an inheritance from a great aunt, which she has nearly exhausted. Judgment is demanded for the total amount so expended. Plaintiff’s theory is that she is subrogated to the rights of the persons who furnished the necessaries and whom she has paid. Both sides agree that the case is without a precedent, although the situation is a common one; but the ability of women in such a plight to obtain the best class
Demurrer overruled.