Welch v. Verduin

This is an action for breach of promise of marriage. Defendant sets up the defense that the plaintiff was and is incapable of entering into the marriage state from physical causes; that plaintiff is malformed and is incapacitated from entering into and fulfilling the usual relations between husband and wife.

Those facts, if proved, would probably be a complete defense to the action. Haviland v. Halstead, 34 N. Y. 643. The marriage, if contracted, could be annulled on those grounds (Dom. Rel. Law, § 7), and no action will lie for breach of the contract, if the plaintiff was incapable of…