Bates v. Bates
The Superior Court of the City of New York and Buffalo
Action by Annette F. Bates against Charles F. Bates for separation and alimony on the ground of abandonment and nonsupport. Complaint dismissed.
1Opinion of the CourtFreedman, J.
This action is brought by the plaintiff, claiming to be the wife of the defendant, for a separation and for alimony on the ground of abandonment and nonsupport. The defendant denies the alleged marriage. Plaintiff’s claim rests upon a so-called “common-law marriage,” alleged to have been entered into on the 16th day of July, 1890. The burden is upon the plaintiff to establish her casé by a preponderance of evidence. The case presents a sharp conflict of testimony which is difficult of solution. The testimony of the parties cannot be reconciled, and hence, in order to determine which of them…
2Cases cited4 opinions
- Gall v. . GallNew York Court of Appeals · 1889
- Steubing v. . New York Elevated Railroad CompanyNew York Court of Appeals · 1893
- Livingston v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1891
- Schnugg v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1893
3Cited by7 opinions
- Graham v. GrahamAppellate Division of the Supreme Court of the State of New York · 1924
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Parker v. De BernardiNevada Supreme Court · 1917
- Bell v. ClarkeNew York Supreme Court · 1904
- In re the Estate of ArbuthnotNew York Surrogate's Court · 1956
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