POPPE v. POPPE


3 N.Y.2d 312 (1957)

Hazel Poppe, Appellant, v. John H. Poppe, Respondent.

Court of Appeals of the State of New York.

Decided July 3, 1957.


Attorney(s) appearing for the Case

John A. Anderson and John H. Hultman for appellant.

Thomas P. Nevin for respondent.

BURKE, J., concurs with FULD, J.; FROESSEL, J., concurs in result in a separate opinion in which DESMOND and DYE, JJ., concur; VAN VOORHIS, J., dissents in an opinion in which CONWAY, Ch. J., concurs.


FULD, J.

Mr. and Mrs. Poppe, married in 1922, lived together until 1949. In that year, the husband left home and, six years later, Mrs. Poppe, alleging that her husband had abandoned her, brought this action for separation. The husband denied the allegations of the complaint and interposed an affirmative defense that his wife's cruelty induced and justified his leaving her.

In the ensuing trial, held by...

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