Legal Opinion

Fidanque v. Fidanque

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

Decided March 28, 1950Published

1Per curiam

The testimony in this ease fails to establish that at any particular time, per verba de prcesenti, a definite common-law contract of marriage was entered into between the parties. This is necessary undér the Florida law which here governs (Chaves v. Chaves, 79 Fla. 602; McClish v. Rankin, 153 Fla. 324; Thompson v. Harris, 148 Fla. 329). Since both parties were before the court and testified on this precise point, the fact that, for obvious reasons of public propriety, there was a holding out to the general public, such as here occurred, that the parties had been married, does not of itself…

2Cases cited5 opinions

  1. Boyd v. BoydNew York Court of Appeals · 1930
  2. McClish v. RankinSupreme Court of Florida · 1943
  3. Chaves v. ChavesSupreme Court of Florida · 1920
  4. In re the Judicial Settlement of the Accounts of First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1931
  5. Thompson, Et Vir v. HarrisSupreme Court of Florida · 1941

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