De Martino v. De Martino

This is an uncontested action to annul a purported marriage. The parties secured a license from the City Clerk of Binghamton, New York, at which time the plaintiff gave his age as 21. They were subsequently married on January 9, 1943 by Stephen Mitchell, a Justice of the Peace of the Town of Dickinson, Broome County, New York. The plaintiff thereupon returned to military service, and the parties have not lived together since. It new develops that the plaintiff was actually only 18 years old at the time the license was secured and the ceremony performed, having been born March 4, 1924. The…