Legal Opinion

Stewart v. Stewart

New York Supreme Court

Decided July 15, 1927PublishedCited by 2 opinions

1Opinion of the CourtRodenbeck, J.

The contract between the parties was not entered into with that calmness which usually accompanies a matrimonial alliance. The defendant was under the influence of liquor at the time, but he was strongly possessed with the idea of contracting a marriage with the plaintiff. He took her to the town clerk and to the justice of the peace who issued the license and performed the ceremony, and prevailed upon them to exercise their public functions at a time of day when such duties are usually laid aside. He persisted until he persuaded them to act. They both testified that he was not intoxicated.…

2Cases cited5 opinions

  1. Tirrell v. . TirrellNew York Court of Appeals · 1921
  2. Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
  3. Poillon v. PoillonAppellate Division of the Supreme Court of the State of New York · 1900
  4. Sunderlin v. SunderlinAppellate Division of the Supreme Court of the State of New York · 1908
  5. Tirrell v. TirrellNew York Supreme Court · 1919

3Cited by2 opinions

  1. In re the Estate of SilverNew York Surrogate's Court · 1929
  2. Bunin v. BuninNew York Supreme Court · 1960

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