Legal Opinion

Campbell v. Campbell

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 1934Published

1DissentUntermyer, J.

The action is for the annulment of the plaintiff’s marriage to the defendant contracted in 1919, upon the ground that the defendant had represented herself to be chaste, whereas, unkown to the plaintiff, she was at that time the mother of an illegitimate child. The amended answer, in addition to denials, sets forth four affirmative defenses, of which the plaintiff moved to strike out the second, third and fourth as insufficient in law. The motion was denied.

The second defense alleges that at some time in 1922 the plaintiff acquired full knowledge of the true facts concerning which the alleged…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
  2. Cox v. . StokesNew York Court of Appeals · 1898
  3. Higgins v. . SharpNew York Court of Appeals · 1900
  4. James v. . PattenNew York Court of Appeals · 1851
  5. Groesbeck v. . MorganNew York Court of Appeals · 1912

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