Morris v. Canfield

Appellate Division of the Supreme Court of New York

Morris v. Canfield

19 A.D.2d 942, 244 N.Y.S.2d 448, 1963 N.Y. App. Div. LEXIS 2844

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

DecidedNovember 26, 1963

StatusPublished

Cited by2 cases

This text of 19 A.D.2d 942 (Morris v. Canfield) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Morris v. Canfield, 19 A.D.2d 942, 244 N.Y.S.2d 448, 1963 N.Y. App. Div. LEXIS 2844 (N.Y. Ct. App. 1963).

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Opinion

Applying to this filiation proceeding the requirement that the evidence of paternity must be more than preponderant and must, indeed, convince “to the point of entire satisfaction” (Commissioner of Welfare v. Rose, 283 App. Div. 781; Erie County Bd. of Social Welfare v. Holiday, 14 A D 2d 832), we find the evidence less than satisfactory, both upon consideration of the entire record, which consists almost entirely of complainant’s uncorroborated and occasionally suspicious testimony, and upon separate evaluation of the medical evidence, from which it appears improbable that the full-term baby was conceived on or after the date of complainant’s first intercourse with appellant, as fixed by complainant’s testimony. Order reversed, on the law and the facts, and petition dismissed, with costs to appellant. Bergan, P. J., Gibson, Reynolds and Taylor, JJ., concur.

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Applying to this filiation proceeding the requirement that the evidence of paternity must be more than preponderant and must, indeed, convince “to the point of entire satisfaction” (Commissioner of Welfare v. Rose, 283 App. Div. 781; Erie County Bd. of Social Welfare v. Holiday, 14 A D 2d 832), we find the evidence less than satisfactory, both upon consideration of the entire record, which consists almost entirely of complainant’s uncorroborated and occasionally suspicious testimony, and upon separate evaluation of the medical evidence, from which it appears improbable that the full-term baby was conceived on or after the date of complainant’s first intercourse with appellant, as fixed by complainant’s testimony. Order reversed, on the law and the facts, and petition dismissed, with costs to appellant. Bergan, P. J., Gibson, Reynolds and Taylor, JJ., concur.

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Bluebook (online)

19 A.D.2d 942, 244 N.Y.S.2d 448, 1963 N.Y. App. Div. LEXIS 2844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-canfield-nyappdiv-1963.

Opinion

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