De Brauwere v. De Brauwere

CourtNew York Court of Appeals
Writing for the CourtWILLARD BARTLETT
Citation203 N.Y. 460,96 N.E. 722
Decision Date05 December 1911
PartiesDE BRAUWERE v. DE BRAUWERE.

203 N.Y. 460
96 N.E. 722

DE BRAUWERE
v.
DE BRAUWERE.

Court of Appeals of New York.

Dec. 5, 1911.


Appeal from Supreme Court, Appellate Division, First Department.

Action by Alice De Brauwere against Louis De Brauwere. From an order of the Appellate Division (144 App. Div. 521,129 N. Y. Supp. 587), affirming an interlocutory judgment overruling a demurrer to the amended complaint at Special Term (69 Misc. Rep. 472,126 N. Y. Supp. 221), defendant appealed by permission (130 N. Y. Supp. 1109). Affirmed.

The order granting leave to appeal to this court certifies the following question: ‘Does the complaint state facts sufficient to constitute a cause of action?’ The nature of the action and the facts, so far as material, are stated in the opinion.


[203 N.Y. 460]Lucius L. Gilbert, for appellant.

203 N.Y. 461]Albert J. Hiers, for respondent.
[203 N.Y. 462]WILLARD BARTLETT, J.

In this case the plaintiff, a married woman, who has been abandoned by her husband, sues the husband to recover moneys which she has been compelled to expend out of her separate estate to provide necessaries for herself and her three infant children. Her separate estate consisted of the proceeds of her own labor as a seamstress and janitress and in part of a small sum of money received by way of inheritance from a deceased relative. Since he abandoned his family about September 1, 1904, the defendant has contributed nothing toward their support except the sum of $50, and although the plaintiff has endeavored to procure necessaries for herself and her children upon his credit she has been unable to do so. About the time when the husband left his family, the wife caused him to be arrested on a charge of abandonment, and he was ordered to pay her $6 a week; but he refused to comply with this order, and removed from the state of New York into the state of New Jersey where he resided at the time of the commencement of this action. The defendant demurred to a complaint setting forth the facts substantially as they have been stated. His demurrer

[96 N.E. 723

was overruled at the Special Term, and an interlocutory judgment was rendered in favor of the plaintiff, which has been affirmed by the Appellate Division.

[1][2] The questions presented by the demurrer were elaborately discussed in both courts, and although both arrived at the same result they reached their conclusions upon somewhat different grounds. ‘A parent is under a natural obligation to furnish necessaries for his infant children; and if the parent neglect that duty, any other person who supplies such necessaries is deemed to have conferred a benefit...

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88 practice notes
  • Phillips, Nizer, Benjamin, Krim & Ballon v. Rosenstiel, No. 59
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 10 de dezembro de 1973
    ...the husband is liable to his wife or his wife's creditors for her support and the support of his children. DeBrauwere v. DeBrauwere, 203 N.Y. 460, 96 N.E. 722 (1911); Laumeier v. Laumeier, 237 N. Y. 357, 364, 143 N.E. 219, 221 (1924); Rudnick v. Tuckman, 1 A.D.2d 269, 271, 149 N.Y.S.2d 809,......
  • Wiesenfeld v. State of NY, No. 79 Civ. 0106.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 9 de julho de 1979
    ...are also obliged to receive less." Garlock v. Garlock, 279 N.Y. 337, 340, 18 N.E.2d 521, 522 (1939); see De Brauwere v. De Brauwere, 203 N.Y. 460, 464-65, 96 N.E. 722 (1911); Austin v. Austin, 282 A.D. 493, 124 N.Y.S.2d 900, 901 (1st Dep't 1953). By statute, even a Family Court order is not......
  • Shan F. v. Francis F.
    • United States
    • New York City Court
    • 14 de setembro de 1976
    ...80, 250 N.E.2d 356; Richardson, Evidence (10th Ed.) sec. 74, as to the presumption of continuance. 27 See De Brauwere v. De Brauwere, 203 N.Y. 460, 464--5, 96 N.E. 722, 723; also Laumeier v. Laumeier, 237 N.Y. 357, 364, 143 N.E. 219, 221; Matter of Kotkin v. Kerner, 29 A.D.2d 367, 368--9, 2......
  • K. v. K.
    • United States
    • New York City Court
    • 30 de setembro de 1975
    ...which would not be required in the family of a man whose earnings were small and who had saved nothing.' De Brauwere v. De Brauwere, 203 N.Y. 460, 464--5, 96 N.E. 722, 723. Respondent's own standard of living is reflected in such items as his full-time use for pleasure as well as business o......
  • Request a trial to view additional results
88 cases
  • Phillips, Nizer, Benjamin, Krim & Ballon v. Rosenstiel, No. 59
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 10 de dezembro de 1973
    ...the husband is liable to his wife or his wife's creditors for her support and the support of his children. DeBrauwere v. DeBrauwere, 203 N.Y. 460, 96 N.E. 722 (1911); Laumeier v. Laumeier, 237 N. Y. 357, 364, 143 N.E. 219, 221 (1924); Rudnick v. Tuckman, 1 A.D.2d 269, 271, 149 N.Y.S.2d 809,......
  • Wiesenfeld v. State of NY, No. 79 Civ. 0106.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 9 de julho de 1979
    ...are also obliged to receive less." Garlock v. Garlock, 279 N.Y. 337, 340, 18 N.E.2d 521, 522 (1939); see De Brauwere v. De Brauwere, 203 N.Y. 460, 464-65, 96 N.E. 722 (1911); Austin v. Austin, 282 A.D. 493, 124 N.Y.S.2d 900, 901 (1st Dep't 1953). By statute, even a Family Court order is not......
  • Shan F. v. Francis F.
    • United States
    • New York City Court
    • 14 de setembro de 1976
    ...80, 250 N.E.2d 356; Richardson, Evidence (10th Ed.) sec. 74, as to the presumption of continuance. 27 See De Brauwere v. De Brauwere, 203 N.Y. 460, 464--5, 96 N.E. 722, 723; also Laumeier v. Laumeier, 237 N.Y. 357, 364, 143 N.E. 219, 221; Matter of Kotkin v. Kerner, 29 A.D.2d 367, 368--9, 2......
  • K. v. K.
    • United States
    • New York City Court
    • 30 de setembro de 1975
    ...which would not be required in the family of a man whose earnings were small and who had saved nothing.' De Brauwere v. De Brauwere, 203 N.Y. 460, 464--5, 96 N.E. 722, 723. Respondent's own standard of living is reflected in such items as his full-time use for pleasure as well as business o......
  • Request a trial to view additional results

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