Domschke v. Domschke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rudolph P. Domschke, from a judgment of the Supreme Court in favor of the' defendant, entered in the office of the clerk of the county, of Kings on the 23d day of February, 1909, upon the decision of the court, rendered after a trial at the Kings County Special" Term, dismissing the complaint upon the merits.
1Opinion of the Court
Jenks, J.:
This is an action by a husband to annul his marriage for fraud in that, prior to the marriage,, his wife represented to him that she had been a wife of a man then deceased, to whom her child was born, when in truth she had been that man’s mistress and the child, was his bastard. The plaintiff pleaded that since the discovery of the fraud he had not cohabited with the defendant. It was conceded on the record that the parties had cohabited together for six years, *455subsequent to tlieir marriage and that there was no issue, whereupon the Special Term dismissed the plaintiff because he…
2Cases cited4 opinions
- Smith v. SmithOregon Supreme Court · 1879
- Leavitt v. LeavittMichigan Supreme Court · 1865
- Wier v. StillSupreme Court of Iowa · 1870
- Shrady v. LoganNew York Supreme Court · 1896
3Cited by19 opinions
- Shonfeld v. ShonfeldNew York Court of Appeals · 1933
- Kober v. KoberNew York Court of Appeals · 1965
- Coppo v. CoppoNew York Supreme Court · 1937
- Butler v. ButlerAppellate Division of the Supreme Court of the State of New York · 1923
- Griffin v. GriffinNew York Supreme Court · 1924
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