Tait v. Tait
The Superior Court of the City of New York and Buffalo
Action by John J. Tait against Annie Tait to have a marriage contract declared null on the ground of fraud. Judgment for defendant.
1Opinion of the CourtMcADAM, J.
The plaintiff had been carnally intimate with the defendant, who was then a widow. To induce him to marry her she represented that she was pregnant by him, and that the birth of the child would bring upon the three shame and disgrace, whereupon, to avoid the humiliation, he married her, believing the representation to be true. The marriage was never consummated by cohabitation. The plaintiff now asks that the marriage contract be annulled on the ground of fraud. The defendant makes no defense. The most important contract of life is marriage, the essence of which is consent, and where this is…
2Cases cited3 opinions
- Jackson, ex rel. Dies v. WinneNew York Supreme Court · 1831
- Crehore v. CrehoreMassachusetts Supreme Judicial Court · 1867
- Scott v. ShufeldtNew York Court of Chancery · 1835
3Cited by11 opinions
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
- Westfall v. WestfallOregon Supreme Court · 1921
- Mitchell v. MitchellNew York Supreme Court · 1909
- di Lorenzo v. di LorenzoAppellate Division of the Supreme Court of the State of New York · 1902
- Gondouin v. GondouinCalifornia Court of Appeal · 1910
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