Marone v. Marone

The parties were married in the state of New Jersey by a clergyman of the Catholic faith, upon representations that they were of the age of legal consent. At that time the plaintiff husband had not reached the required age, but the defendant wife had passed the age of twenty years. The mother of the plaintiff now sues to annul the marriage under sections 1744 and 1745 of the Code of Civil Procedure. Under ordinary circumstances and as a matter of public policy, her prayer for relief would be granted. Cunningham v. Cunningham, 206 N. Y. 341. But in this case both the plaintiff and the…