264 A.D. 894 | N.Y. App. Div. | 1942
In this filiation proceeding, in which the issues were sharply disputed, complainant testified that she had gone steadily with the defendant for three years and that the relationship ended abruptly on November 20 or 22, 1940, either of which dates she fixed as the date of the intercourse with defendant which caused her pregnancy. She claimed that the relationship first became illicit about the middle of October, 1940, and that in the last month there were three or four acts of intercourse between her and defendant. On the other hand, the defendant not only denied that he had ever had intercourse with the complainant but also asserted that the relationship between them had terminated in July, 1940. The testimony of complainant’s sister, who testified on her behalf, and that of complainant’s closest friend, who was called as a witness by defendant, tended to support defendant’s contention that he had ceased going with complainant at least two months prior to the act of intercourse which was alleged to have resulted in conception. It may be seriously doubted that complainant sustained the burden of proof required
