Clarke v. Clarke
New York Supreme Court
Motion for decree of divorce. The complaint alleged that the defendant, in commencing his addresses to the plaintiff, stated to her that liis former wife was dead.
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Motion for decree of divorce. The complaint alleged that the defendant, in commencing his addresses to the plaintiff, stated to her that liis former wife was dead. After setting forth the engagement and marriage of the parties, it alleged as follows: That during all the time of the visits of the defendant to the plaintiff, while paying his addresses to her, the defendant represented to the plaintiff that his said wife was dead, and had died at the time hereinbefore stated, which representations were fully believed by the plaintiff. That the plaintiff had once refused to marry a divorced…
1Opinion of the CourtSutherland, J.
Conceding that the representations of the defendant, as to the death of his first wife, were fraudulently made, and that the plaintiff would not have married him had she known or supposed that his first wife was living, yet it is clear to me that such fraud or deception does not furnish sufficient ground for dissolving the marriage contract between the plaintiff and defendant, and for declaring it to have been void from the beginning. It was not a fraud in or as to a material matter or thing, within the ordinary or legitimate purposes of marriage, and the supposed intention or purposes of…
2Cited by6 opinions
- Fisk v. FiskAppellate Division of the Supreme Court of the State of New York · 1896
- States v. StatesNew Jersey Court of Chancery · 1883
- Fisk v. FiskThe Superior Court of New York City · 1895
- Hides v. HidesNew York Supreme Court · 1883
- Fisk v. FiskThe Superior Court of the City of New York and Buffalo · 1895
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