Jennings v. Jennings
New York Supreme Court
1Opinion of the CourtBergan, J.
The concealment of a lack of love and affection declared by one of the parties to a marriage has several times been held insufficient to ground an annulment for fraud. (Feig v. Feig, 232 App. Div. 172; Schaeffer v. Schaeffer, 160 App. Div. 48; Griffin v. Griffin, 122 Misc. 837; Longtin v. Longtin, 22 N. Y. S. 2d 827.) The legal theory underlying some of the decisions on this point seems to be that such a fraud does not go to the essentials of the marriage.
But if the concept of what is “ essential ” to a marriage has been greatly broadened by Shonfeld v. Shonfeld (260 N. Y. 477), still the…
2Cases cited4 opinions
- Shonfeld v. ShonfeldNew York Court of Appeals · 1933
- Schaeffer v. SchaefferAppellate Division of the Supreme Court of the State of New York · 1913
- Griffin v. GriffinNew York Supreme Court · 1924
- Feig v. FeigAppellate Division of the Supreme Court of the State of New York · 1931
3Cited by2 opinions
- Croce v. CroceNew York Supreme Court · 1950
- Mienik v. MienikAppellate Division of the Supreme Court of the State of New York · 1982