Jacobson v. Jacobson

Kelly, P. J.:

At the close of the trial the learned trial justice stated orally that he had no doubt the defendant was in a diseased condition at the date of the marriage, and he also stated that defendant’s knowledge of his condition was established by the evidence. But he was of opinion that defendant was under no legal duty to disclose his condition and said that under the circumstances fraud could only be found upon evidence of a deliberate misstatement of the facts. He decided that there was no representation by defendant that he was free from disease, that there was no actual fraud…