Legal Opinion

Brisack v. King

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1921PublishedCited by 4 opinions

Appeal by the defendant, L. Gerald King, from a, judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 6th day of May, 1920, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of August, 1921, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.

1Opinion of the Court

H. T. Kellogg, J.:

This is an appeal from a judgment entered upon a verdict rendered in favor of the plaintiff in an action brought by her against the defendant for the breach of a promise of marriage. - The plaintiff gave proof upon the trial that the parties entered into a contract of marriage; that, thereafter they had sexual intercourse; that as a result a child was born to the plaintiff; that the defendant was the father of the child. The defendant gave proof that he never promised to marry the plaintiff; that he had no sexual intercourse with her, and that the child born *214to her was not…

2Cases cited9 opinions

  1. Wade v. . KalbfleischNew York Court of Appeals · 1874
  2. Kniffen v. . McConnellNew York Court of Appeals · 1864
  3. Bradner v. . FaulknerNew York Court of Appeals · 1883
  4. Thorn v. . KnappNew York Court of Appeals · 1870
  5. Wells v. PadgettNew York Supreme Court · 1850

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. McCandless v. StateNew York Court of Claims · 1956
  2. Walmsley v. KopczynskiAppellate Division of the Supreme Court of the State of New York · 1922
  3. In re the Probate of the Will of HewettAppellate Division of the Supreme Court of the State of New York · 1947
  4. Weis v. WestAppellate Division of the Supreme Court of the State of New York · 1932

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