Banker v. . Banker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon a decision of the court dismissing plaintiff’s complaint, and affirming an order denying a motion for a new trial of certain issues submitted to a jm7- The action was brought by plaintiff!, as the heir at law and next of kin of John Banker, deceased, to annul a marriage between the deceased and defendant, on the ground that…
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon a decision of the court dismissing plaintiff’s complaint, and affirming an order denying a motion for a new trial of certain issues submitted to a jm7- The action was brought by plaintiff!, as the heir at law and next of kin of John Banker, deceased, to annul a marriage between the deceased and defendant, on the ground that said John Banker was, at the time of the marriage, a lunatic; also to restrain defendant from taking out letters of…
1Opinion of the Court
Church, Ch. J.
The court found, as a fact, that John Banker was of sound mind when the marriage took place between him and the defendant on the 8th day of March, 1869 ; and it is not disputed that the evidence, although conflicting, warranted such finding. This finding has been expressly affirmed by the General Term, and is conclusive upon this court. The other findings, in respect to lucid intervals and unsoundness at the death of Mr. Banker, are not material, because if he was rational when the marriage took place, subsequent unsoundness would not invalidate it. It was proved that Mr. Banker…
2Cases cited3 opinions
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- Smith v. FeltNew York Supreme Court · 1868
3Cited by17 opinions
- Herbert v. BerrierIndiana Supreme Court · 1881
- Johnson v. JohnsonSupreme Court of Minnesota · 1943
- Weinberg v. WeinbergAppellate Division of the Supreme Court of the State of New York · 1938
- Southern Tier Masonic Relief Ass'n v. LaudenbachNew York Supreme Court · 1889
- Meekins v. KinsellaAppellate Division of the Supreme Court of the State of New York · 1912
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