
    Thomas L. Bange, Plaintiff, v. Margaret Bange, Defendant.
    (Supreme Court, New York Special Term,
    January, 1905.)
    marriage — Action to annul for fraud — Corroboration of plaintiff.
    Where it appears that the plaintiff in an undefended action to annul a marriage for fraud, by reason of defendant’s giving birth to a child one month after marriage, married defendant with full knowledge of her advanced state of pregnancy, and there is no proof ■of any deception on the part of defendant, inducing plaintiff to marry her, and the only testimony as to the birth of any child at all is that of plaintiff himself, the testimony does not warrant a judgment in his favor.
    
    Action for the annulment of a marriage.
    S. V. & G. P. Heimberger, for plaintiff.
    No appearance for defendant.
    
      
       See Di Lorenzo v. Di Lorenzo, 174 N. Y. 467.
    
   Gildersleeve, J.

This is an undefended action for the annulment of a marriage. The only evidence upon the merits is that of the plaintiff himself, who states that about one month before his marriage to defendant he had intercourse with her for the first time, and that one month after his marriage defendant gave birth to a living child. There is no allegation of any deception on the part of defendant that induced plaintiff to marry her, and so far as appears to the contrary, plaintiff married her with full knowledge of her advanced stage of pregnancy. The only other witness called at the trial is a friend of plaintiff, who says he knew defendant and served the summons and complaint upon her. There is not a particle of evidence tending to corroborate the testimony of the plaintiff as to the dates given by him, nor even is there any corroboration of his statement as to the birth of any child at all. TJpon the evidence adduced upon the merits of this action, the court would not be at all warranted in giving a judgment for the annulment of a marriage. The case may be restored to the calendar and the plaintiff given an opportunity to supply the deficiencies of his proofs.

Ordered accordingly.  