Place v. Conklin
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Orange county. Action by Isaac D. Place against James H. Conklin and others to recover money paid by plaintiff’s wife to a marriage broker for procuring the marriage. Judgment for plaintiff was entered March 23, 1898, upon a decision rendered at special term (51 H. Y. Supp. 407), and defendants James H. and Mary P. Conklin appeal.
1Opinion of the CourtWillard Bartlett, J.
In the case of Duval v. Wellman, 124 N. Y. 136, 26 N. E. 343, a contract whereby a woman employed a man, as a marriage broker, to procure for her a husband, was pronounced void, as against public policy; and it was held that the woman was entitled to recover from the marriage broker the sum •of $55, which she had paid for his efforts in her behalf. Although she was a participant in the wrongful transaction, she was deemed less blameworthy than the broker; and the court therefore felt warranted, under well-established rules, in granting her relief. To have done otherwise, as was pointed out by…
2Cases cited2 opinions
- Duval v. . WellmanNew York Court of Appeals · 1891
- Stewart v. . HuntingtonNew York Court of Appeals · 1891