New York Court of Appeals July 23, 1946 (Batchelor v. Batchelor)

Per

Curiam.

Before plaintiff was entitled to a judgment of separation upon the ground that defendant had failed to support her while they were living separate and apart by mutual consent, it was necessary for her to establish that she offered

*545

in good faith to return to her husband and resume the marital status. Lack óf that proof required a dismissal of her second cause of action.

(Solomon

v.