Filocco v. Filocco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtTownley, J.
This is an action for absolute divorce brought by the plaintiff husband against his wife. The wife has defaulted. If there were any reason for questioning the bona fides of the action it would have been established by the admission in evidence of defendant’s letter stating that she was deserting her husband without any intention of returning. The adultery was conclusively proved by the testimony of a friend *of both the plaintiff and the defendant who found the defendant in a position which could lead to no other conclusion. There was no reason for disbelieving the witness’ testimony.
The…
2Cases cited2 opinions
- Yates v. . YatesNew York Court of Appeals · 1914
- Braun v. BraunAppellate Division of the Supreme Court of the State of New York · 1935