McNair v. McNair
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Cochrane McNair, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 4tli day of August, 1910, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Rich, J.:
This appeal is from a judgment denying the application of the plaintiff for a judgment annulling her marriage with the defendant upon the ground that the defendant was incapable of entering into the marriage state. It appears that the parties were married in January, 1899, and resided together until 1910, when this action was commenced.
The defendant at the time of his marriage was physically incapable of meeting the obligations of the marriage, and it has never been consummated.
We are entirely satisfied from the evidence that a fraud was perpetrated by the defendant, and that the…
2Cases cited1 opinion
- Allen v. AllenNew York Supreme Court · 1880
3Cited by6 opinions
- Romano v. RomanoNew York Court of Appeals · 1967
- City of New York v. StateNew York Court of Claims · 1969
- Deitch v. DeitchAppellate Division of the Supreme Court of the State of New York · 1914
- Katz v. KatzNew York Supreme Court · 1930
- Rogers v. RogersNew York Supreme Court · 1959
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