Bamberger v. Bamberger
New York Supreme Court
1Opinion of the CourtNoonan, J.
This is an action to annul a marriage on the sole ground that the defendant had a husband living at the time of said marriage. It is equitable in character (38 C. J. 1351, 1357) and “ the court has the right to withhold such relief unless the party asking it comes into court with clean hands.” (Pettit v. Pettit, 105 App. Div. 312, 313; Taylor v. Taylor, 63 id. 231; Berry v. Berry, 130 id. 53.)
7 he only disputed question of fact herein is whether or not the *2plaintiff knew of the previous marriage of the defendant. Upon the evidence I am fully satisfied that he did know about it, and also that…
2Cases cited11 opinions
- Stokes v. . StokesNew York Court of Appeals · 1910
- Rose v. ClarkNew York Court of Chancery · 1841
- McCullen v. McCullenAppellate Division of the Supreme Court of the State of New York · 1914
- Matter of Ziegler v. . Cassidy's SonsNew York Court of Appeals · 1917
- Pettit v. PettitAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by5 opinions
- Gehm v. United StatesDistrict Court, S.D. New York · 1949
- Presbrey v. PresbreyAppellate Division of the Supreme Court of the State of New York · 1958
- Ventura v. VenturaNew York Supreme Court · 1967
- Adams v. AdamsNew York Supreme Court · 1946
- Karameros v. LutherNew York Supreme Court · 1938