Herr v. Herr

The opinion of the court was delivered by

Heher, J.

The appeal is from a judgment dismissing the complaint.

The gravamen of the pleaded cause of action is misrepresentation, fraud, deceit and concealment allegedly practiced by defendant whereby plaintiff was induced to make a “marriage settlement” on defendant which included a conveyance, after marriage, vesting in plaintiff and defendant an estate by the entirety in plaintiff’s dwelling house in the Borough of Brielle, New Jersey, and also nondelivery of the deed.

Judge McLean found that plaintiff had not sustained the onus of proof of fraud. He…