Legal Opinion

Trovato v. Trovato

Appellate Division of the Supreme Court of the State of New York

Decided May 29, 1941PublishedCited by 2 opinions

1Opinion of the CourtCohn, J.

The action is to annul the marriage of the parties. The first cause of action sets forth that defendant was physically incapable of entering into the marital state and the second cause of action charges fraud. The trial court granted judgment in favor of defendant, dismissing the complaint on the merits for the reason that he did not believe the testimony of plaintiff.

An examination of the record shows no contradictions or equivocations in plaintiff’s testimony but, as we read it, a frank and direct statement of facts upon which she bases her causes of action. In the main, defendant’s own…

2Cases cited5 opinions

  1. McQuigan v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
  2. Devanbagh v. DevanbaghNew York Court of Chancery · 1836
  3. Newell v. NewellNew York Court of Chancery · 1841
  4. Gore v. GoreAppellate Division of the Supreme Court of the State of New York · 1905
  5. Cowen v. CowenNew York Supreme Court · 1925

3Cited by2 opinions

  1. Goldsmith v. GoldsmithAppellate Division of the Supreme Court of the State of New York · 1951
  2. Angelo v. AngeloNew York Supreme Court · 1961

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