Commissioner of Public Charities v. Leary
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lester Leary, from a judgment of the Court of Special Sessions of the city of New York in favor of the plaintiff, rendered on the 13th day of May, 1910, adjudging the defendant the father of the complainant’s child and requiring him to give an undertaking for its support.
1Opinion of the Court
Hirschberg, J.:
It is conceded' that thje defendant had sexual intercourse with the complainant many times during the year preceding the birth of the child, and there is no evidence that she ever had sexual intercourse with! any other person. The last occasion of the defendant’s intercourse was less than six months before the birth of the child, and the defendant in his' brief claims that “the child bom,, being a mature, full grown, nine months’ child, proves conclusively that the defendant is not the father of .said child.” The qase was submitted without argument and the briefs on both sides…
2Cases cited2 opinions
- Mayer v. DavisAppellate Division of the Supreme Court of the State of New York · 1907
- Mayer v. DavisAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Shatford v. ShatfordSupreme Court of Arkansas · 1949
- State v. ParkerWashington Supreme Court · 1921
- State v. DomishSupreme Court of Minnesota · 1923
- Matter of Jose M. v. Shaniqua F.Appellate Division of the Supreme Court of the State of New York · 2015