Legal Opinion
Costello v. Costello
New York Supreme Court
Decided November 7, 1934PublishedCited by 7 opinions
1Opinion of the CourtSmith, J.
The action falls within the provisions of section 1139 of the Civil Practice Act. That section provides that where the consent to a marriage has been obtained by fraud, the party whose consent was so obtained may maintain an action for the annulment of the marriage, unless at any time before the commencement of the action the parties voluntarily cohabited as husband and wife with a full knowledge of the facts constituting the fraud.
The complaint alleges the fraud consisted of (1) a false representation to plaintiff by defendant that by and through plaintiff she was in a pregnant condition,…
2Cases cited15 opinions
- von Au v. MagenheimerAppellate Division of the Supreme Court of the State of New York · 1908
- Shonfeld v. ShonfeldNew York Court of Appeals · 1933
- Svenson v. . SvensonNew York Court of Appeals · 1904
- Brager v. FriedenwaldCourt of Appeals of Maryland · 1916
- Lapides v. LapidesNew York Court of Appeals · 1930
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3Cited by7 opinions
- Kober v. KoberNew York Court of Appeals · 1965
- Tucker v. BeazleyDistrict of Columbia Court of Appeals · 1948
- Croce v. CroceNew York Supreme Court · 1950
- Lockwood v. LockwoodNew York Supreme Court · 1960
- American Guaranty Co. v. Sunset Realty & Planting Co.Supreme Court of Louisiana · 1944
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