Durham v. Durham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cora W. Durham, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 24th day of October, 1904, denying the defendant’s motion for a final judgment upon the pleadings.
1Opinion of the Court
Hatch, J.:
This action was brought to annul a marriage contract subsisting between the parties hereto upon the ground that the consent of the plaintiff was procured thereto by fraud and duress practiced upon him by the defendant. The answer admitted the marriage, denied the other material allegations of the complaint and further avers for a separate defense that an action for a separation was brought in the Supreme Court, Kings county, by the defendant herein against the plaintiff; that the plaintiff appeared therein and answered; that the cause of action which he has pleaded in the complaint…
2Cases cited4 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Erkenbrach v. . ErkenbrachNew York Court of Appeals · 1884
- Townsend v. Van BuskirkAppellate Division of the Supreme Court of the State of New York · 1897
- Taylor v. TaylorNew York Supreme Court · 1898
3Cited by16 opinions
- Statter v. StatterNew York Court of Appeals · 1957
- Kronman v. KronmanAppellate Division of the Supreme Court of the State of New York · 1936
- Warshor v. WarshorNew York Supreme Court · 1927
- Conrad v. ConradAppellate Division of the Supreme Court of the State of New York · 1908
- D'Auria v. D'AuriaNew York Supreme Court · 1951
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