Legal Opinion

Fry v. Fry

New York Court of Chancery

Decided April 2, 1839PublishedCited by 8 opinions

This was an appeal from the decision of a vice chancellor denying an application on the part of the defendant Fry, the husband of the complainant, to dissolve the injunction in this cause, upon the bill and answer.

1Opinion of the Court

The Chancellor.

The bill in this case is not properly framed to annul the marriage, even if the averments therein were sufficient to induce the court to believe that the complainant was incompetent to enter into a marriage contract. The fact that although she is now only of the age of twenty-four she has been for several years so corpulent as to weigh nearly three hundred pounds, is a circumstance from which it probably may be inferred that she would not readily have obtained a husband without a corresponding weight of purse. But clearly this is not a case of incurable impotence which could…

2Cited by8 opinions

  1. Frankel v. FrankelMassachusetts Supreme Judicial Court · 1899
  2. Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
  3. Green v. ScranageSupreme Court of Iowa · 1865
  4. Heckman v. HeckmanSupreme Court of Pennsylvania · 1906
  5. Boyd v. De La MontaingeNew York Supreme Court · 1874

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