Stein v. Dunne
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edith 0. Stein, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York oh the 17th day of December, 1906, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendant’s demurrer to the plaintiff’s reply to affirmative defenses and dismissing the complaint upon the merits.
1Opinion of the Court
Scott, J,:
- The plaintiff sues for breach of a promise to marry. Defendant denies that he ever promised to marry plaintiff, and by way of separate defenses alleges that prior to the. alleged agreement the plaintiff had been lawfully, married to . one Julius Stem,' and had' lived and cohabited with him as his wife, and that such marriage had never been annulled, nor had the parties ever., been divorced from the bonds thereof, and that in consequence the '■ plaintiff was hot competent to contract a marriage or to make a valid . engagement to marry; that plaintiff had brought two actions against…
2Cases cited2 opinions
- Fleming v. . the PeopleNew York Court of Appeals · 1863
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by14 opinions
- Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1917
- McCullen v. McCullenAppellate Division of the Supreme Court of the State of New York · 1914
- In re MacLeanNew York Surrogate's Court · 1919
- Beaudoin v. BeaudoinAppellate Division of the Supreme Court of the State of New York · 1946
- Butler v. ButlerNew York Supreme Court · 1916
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