82 A.D. 155
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1903
Appellate Division of the Supreme Court of the State of New York · decided 1903-07-01
Appeal by the defendant, Henry Rosener, from a judgment of the Appellate Term of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 27th day of June, 1902, reversing a judgment of the Municipal Court of the city of New York, borough.of Manhattan, in favor of the defendant, entered on the 7th day of February, 1902, which dismissed the complaint upon the merits, and also reversing an order of said Municipal Court,…
Decided 1903-07-01
¶1I concur. . The husband is only liable when he has failed to perform a duty. The husband owes no. duty to support a wife who refuses to live with him without fault of his own.
¶2Determination of Appellate Term reversed and judgment of Municipal Court affirmed, with costs in this court and in the -court below.