Chavias v. Chavias
Appellate Division of the Supreme Court of the State of New York
Appeal by plaintiff from a judgment of the Supreme Court, entered in the office of the clerk of the county of Rockland on the 15th day of May, 1920, dismissing her complaint. Judgment affirmed.
1Dissent
Blackmar, J. (dissenting):
I dissent from the judgment about to be pronounced. The complaint seeks to annul the marriage between the parties on the ground of fraud. It alleges in substance that the defendant, for the purpose of inducing the plaintiff to marry him, represented to her that he was a normal, healthy man, capable of consummating the marriage, “ and that he had and possessed the capabilities of being a vital factor in procreation; ” that the plaintiff believed this, and, relying thereon, married the defendant; that the representation was false and known to defendant so to be; and…
2Cases cited4 opinions
- Scott v. ShufeldtNew York Court of Chancery · 1835
- Canadian Agency, Ltd. v. Assets Realization Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Ferlat v. GojonNew York Court of Chancery · 1825
- Gumbiner v. GumbinerNew York Supreme Court · 1911