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SILVA v. SCHERER

23 A.D.2d 580 (1965)

Robert Silva, Respondent, v. Charles Scherer, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 15, 1965

Judgment and order affirmed, without costs.

On September 5, 1915 plaintiff's mother (Mary) married one Francis Silva. Plaintiff was the child of that marriage. The mother was never validly divorced from said Francis Silva. However, when she married defendant Charles Scherer in 1931, they both mistakenly assumed that she had been validly divorced from her first husband. On June 5, 1939 Charles Scherer & Co., Inc. (a corporation whose stock was almost wholly owned...

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