Cook v. Cook
New York Supreme Court
APPEAL from a judgment on the report and decision of a referee, in an action for divorce on the ground of adultery. The defendant answered, first, denying the . .allegations of the complaint.
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APPEAL from a judgment on the report and decision of a referee, in an action for divorce on the ground of adultery. The defendant answered, first, denying the . .allegations of the complaint. The third defense alleges proceedings instituted in 1864, by the plaintiff, in the county court, setting forth the lunacy, &c. of the defendant, the inquiry had, the verdict of the jury, and the judgment of the court that the defendant, was a lunatic and of unsound mind, and incapable of taking care of herself; that a committee was appointed, &c. Averment that such proceedings were still of force, and a…
1Opinion of the Court
By the Court, Marvin, P. J.
It will be noticed that the defendant did not tender the issue of lunacy or insanity at the time the adultery was committed. She pleaded a record adjudicating her a lunatic, some two or three years before the act of adultery, and this answer was proved by the record, which remained unreversed.
The counsel for the defendant argues that the plaintiff, upon whose petition the record was made, is concluded by it, and that he could not allege and prove the fact otherwise at the time the adultery was committed; and then argues that insanity is a complete defense. The…
2Cases cited1 opinion
- Jackson v. Van DusenNew York Supreme Court · 1809
3Cited by8 opinions
- Schuler v. SchulerMissouri Court of Appeals · 1956
- In re Proving the Last Will & Testament of PrenticeNew York Surrogate's Court · 1920
- Fisher v. FisherWest Virginia Supreme Court · 1903
- Anonymous v. AnonymousNew York Supreme Court · 1938
- Laudo v. LaudoAppellate Division of the Supreme Court of the State of New York · 1919
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