Di Lorenzo v. . Di Lorenzo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 23, 1902, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. This action was brought to have the marriage between the plaintiff and the defendant annulled, upon the ground that the former’s consent thereto was induced by the fraud of the latter.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 23, 1902, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. This action was brought to have the marriage between the plaintiff and the defendant annulled, upon the ground that the former’s consent thereto was induced by the fraud of the latter. It is alleged in the complaint, in substance, that prior to the marriage of the parties, in the city of New York, in November, 1891, the defendant falsely…
1Opinion of the CourtGray, J.
The order of the Appellate Division reversed-upon questions of law, only, and the facts as found by the trial court, being undisturbed by the determination of the Appellate Division, must be taken to be true.
The theory of the decision by the Appellate Division, as I understand it, is that the fraud in this case was insufficient to warrant the court in annulling the. marriage between the parties and that the considerations of public policy, which environ the marriage relation, as a status, so far take it out of the domain of ordinary contracts as to render this conclusion necessary. It was…
2Cases cited2 opinions
- Kujek v. . GoldmanNew York Court of Appeals · 1896
- Blank v. . BlankNew York Court of Appeals · 1887
3Cited by112 opinions
- Leibowits v. LeibowitsAppellate Division of the Supreme Court of the State of New York · 1983
- Shonfeld v. ShonfeldNew York Court of Appeals · 1933
- Davis v. DavisSupreme Court of Connecticut · 1934
- Lyman v. LymanSupreme Court of Connecticut · 1916
- Svenson v. . SvensonNew York Court of Appeals · 1904
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