Fisk v. Fisk
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stephen B. Fisk, from • a judgment" of the Superior Court of the city of Few York in favor of the. defendant, entered in the office of the clerk of said court on the 4th day of June, 1895, upon the decision of the court rendered after a trial before the court without a jury dismissing the complaint.
1Opinion of the Court
Rumsey, J.:
The action was brought to annul a marriage which the plaintiff claims was procured by fraud, practiced upon him by the defendant. The marriage took place in 1861. The plaintiff was younger than the defendant. The fraud of which he complains is, that the defendant was a divorced woman at the time of the marriage,, whereas he supposed that she had never been married. He does not complain that any false representations were made to him on the subject, or that the divorce was not valid. In fact, he concedes that the divorce was a valid one, and that she was not married at the time she…
2Cases cited5 opinions
- Leavitt v. LeavittMichigan Supreme Court · 1865
- Blank v. . BlankNew York Court of Appeals · 1887
- Wier v. StillSupreme Court of Iowa · 1870
- Clarke v. ClarkeNew York Supreme Court · 1860
- King v. BrewerThe Superior Court of the City of New York and Buffalo · 1894
3Cited by25 opinions
- Shonfeld v. ShonfeldNew York Court of Appeals · 1933
- di Lorenzo v. di LorenzoAppellate Division of the Supreme Court of the State of New York · 1902
- Butler v. ButlerAppellate Division of the Supreme Court of the State of New York · 1923
- Griffin v. GriffinNew York Supreme Court · 1924
- Wendel v. WendelAppellate Division of the Supreme Court of the State of New York · 1898
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