DOWNS v. AM. MUT. LIAB. INS. CO.


14 N.Y.2d 266 (1964)

Roberta B. Downs, Respondent, v. American Mutual Liability Insurance Company, Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided June 4, 1964.


Attorney(s) appearing for the Case

Richard E. Shandell and Desmond T. Barry for appellant.

Samuel Gottlieb, Emanuel Baetich and Stuart F. Cartoon for respondent.

Chief Judge DESMOND and Judges DYE, BURKE, SCILEPPI and BERGAN concur with Judge FULD; Judge VAN VOORHIS dissents in a memorandum.


FULD, J.

The plaintiff is a New York wife and mother whose husband left the State and failed to make payments for her support and that of her children. The defendant American Mutual Liability Insurance Company is a Massachusetts corporation, with a number of offices in this State, which had employed the husband as a salesman in Massachusetts. The plaintiff brought this...

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