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Caruso v. Caruso

145 N.Y.S. 1116 Court N.Y. App. Div. Decision date 1914-02-13 English

Contents

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p. 1116
CARUSO, Respondent, v. CARUSO, Appellant.
(Supreme Court, Appellate Division, Second Department.
February 13, 1914.)

Headnote

Action by Joseph Caruso, an infant, against Irene Ca-an infant.

Interlocutory judgment reversed, and a new trial granted, with costs to the appellant to abide the event, upon the ground that the testimony of the defendant tends to show intercourse by compulsion, while-her letters do not reveal the fault for which she asks foregiveness, and the testimony of the other witnesses is so uncertain and fragmentary that it does not prove the offense.