Alter v. Alter

This action to annul a marriage because of fraud is based upon the claim that defendant concealed from plaintiff the fact that, prior to the marriage, he had been confined in the Manhattan State Hospital, an institution for the insane. The action is undefended. The appeal is from the judgment dismissing the complaint at the close of plaintiff’s case.

In our opinion, concealment of a judicial commitment for insanity prior to entering into the marriage contract is sufficient to constitute a material fraud upon the other party, where the confinement thereunder lasted eighteen months and discharge…