Legal Opinion

Schroter v. Schroter

New York Supreme Court

Decided September 15, 1907PublishedCited by 4 opinions

Action to annul a marriage.

1Opinion of the CourtGiegerich, J.

The plaintiff, the husband, seeks an annulment of the marriage on two grounds: (1) The physical incapacity of the defendant; and (2) her fraud in inducing the contract. The alleged physical incapacity is not established by the evidence. It is not claimed that sexual intercourse is impossible, but only that it is imperfect and not satisfactory to the plaintiff, owing to the shortness of the defendant’s vagina. The great weight of testimony of the medical experts, however, is that the measurements of the defendant, although less than the average, still come within normal lengths. So far as that…

2Cases cited2 opinions

  1. Payne v. PayneSupreme Court of Minnesota · 1891
  2. Wendel v. WendelAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by4 opinions

  1. Lapides v. LapidesNew York Court of Appeals · 1930
  2. Schroter v. SchroterNew York Supreme Court · 1907
  3. Korn v. KornAppellate Division of the Supreme Court of the State of New York · 1930
  4. Marks v. MarksNew York Supreme Court · 1948

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