Bentz v. Bentz

After twelve years of married life plaintiff brings this action to annul his marriage with defendant upon the ground of fraud. The complaint alleges “ that for the purpose of inducing this plaintiff to consent to said marriage, the defendant fraudulently promised to have children, which promise was not fulfilled by her.” Plaintiff further asserts that he did not learn of this premarital fraudulent intent until August, 1946, the parties having been married in 1933. From the plaintiff’s own evidence it appears that this marriage was consummated by cohabitation and normal marital relations…