Goldsmith v. Goldsmith

The action is for an annulment.

There are two causes of action set forth in the complaint: (1) for fraud based upon concealment of an incurable physical, mental and nervous disorder, and (2) for physical incapacity on the part of the husband.

*580As to the first cause of action we think that plaintiff adduced sufficient proof to establish that there was fraudulent concealment by defendant before marriage of a serious mental disorder and that the party deceived would not have consented to the marriage but for the fraudulent representation. As to the second cause of action we think there was adequate…