McGill v. McGill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Esther B. McGill, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 29th day of March, 1917, upon the decision of the court after a trial at the Onondaga Special Term. The judgment annulled a marriage of the parties because of defendant’s alleged fraud in concealing from plaintiff the fact that at the time of the marriage she was suffering from epilepsy.
1Opinion of the Court
Merrell, J.:
The plaintiff and defendant were married at Syracuse, N. Y., March 9, 1912. They lived together as husband and wife until April 5, 1913, when they separated. At the time the marriage relations of the parties were severed, defendant' *344was suffering from epilepsy, and then became an inmate of the Craig Colony for Epileptics at Sonyea, N. Y. Following the separation, plaintiff brought this action to annul the marriage, alleging that the same was procured by force, duress and fraud exercised and perpetrated by defendant upon plaintiff whereby plaintiff was forced and induced to enter…
2Cited by10 opinions
- Lapides v. LapidesNew York Court of Appeals · 1930
- Croce v. CroceNew York Supreme Court · 1950
- DeMedio v. DeMEDIOSuperior Court of Pennsylvania · 1969
- Lapides v. LapidesAppellate Division of the Supreme Court of the State of New York · 1928
- Gruber v. GruberNew Jersey Court of Chancery · 1925
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