Svenson v. . Svenson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 9, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 9, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The action was brought to procure an annulment of the marriage between the plaintiff and defendant upon the ground of fraud, in that the defendant, at the time of the marriage, was suffering from a chronic and contagious venereal disease which he concealed from the plaintiff. The parties were married in the city of New York March 29, 1900. The…
1Opinion of the CourtMartin, J.
We'share in the unwillingness of the learned Appellate Division to indorse the decision of the Special Term or the ground upon which it was based, or to assert the doctrine that an innocent and unsuspecting girl who marries a man afflicted with a chronic, contagious and hereditary venereal disease, and who, therefore, refuses to consummate the marriage, may not procure a decree annulling the same because of the fraud involved in the existence of such a condition and its concealment from her.
The statute of this state relating to marriages and the annulment thereof, among other things, provides…
2Cases cited10 opinions
- Di Lorenzo v. . Di LorenzoNew York Court of Appeals · 1903
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Kujek v. . GoldmanNew York Court of Appeals · 1896
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Smith v. SmithMassachusetts Supreme Judicial Court · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- People v. ShapiroNew York Court of Appeals · 1955
- Stone v. StoneCourt of Appeals for the D.C. Circuit · 1943
- Woronzoff-Daschkoff v. Woronzoff-DaschkoffNew York Court of Appeals · 1952
- Lapides v. LapidesNew York Court of Appeals · 1930
- de Baillet-Latour v. de Baillet-LatourNew York Court of Appeals · 1950
45 more not listed; retrieve them via the Exa API.