Wagner v. Wagner

Windle, P. J.,

Petitioner seeks an annulment of his “purported” marriage with respondent on the ground that said marriage was void when contracted because of an agreement theretofore entered into by and between petitioner and respondent and the failure to consummate the marriage by cohabitation in accordance with the terms of said agreement. The master and examiner found the marriage was void *91and recommended that it be annulled as prayed. We do not agree with him.

In accordance with the duty which devolves upon us in cases of this character — there is no difference in that regard between…