Houston v. Houston
New York Family Court
1Opinion of the CourtSicher, J.
The parties duly intermarried on September 28, 1940, and that relationship has never been terminated by judgment of divorce, separation, annulment or dissolution. However, respondent asserts complete exoneration from any present duty of support, on the ground that because of claimed sterility he is not the father of petitioner’s child born June 3, 1949. Such disclaimer carries with it an imputation of petitioner’s adultery, which, if established, would limit respondent’s support obligation to the minimal duty of indemnifying the community against the burden of petitioner’s maintenance…
2Cases cited14 opinions
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Loomis v. LoomisNew York Court of Appeals · 1942
- In Re the Estate of MatthewsNew York Court of Appeals · 1897
- Rogers v. . DeckerNew York Court of Appeals · 1892
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3Cited by4 opinions
- Pyeatte v. PyeatteCourt of Appeals of Arizona · 1974
- Lee v. StixNew York City Family Court · 1968
- Fine v. FineNew York City Family Court · 1970
- Commonwealth Ex Rel. O'Brien v. O'BrienSupreme Court of Pennsylvania · 1957