Claps v. Claps

Appellate Division of the Supreme Court of New York

Claps v. Claps

285 A.D. 847, 136 N.Y.S.2d 851

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1955

StatusPublished

This text of 285 A.D. 847 (Claps v. Claps) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claps v. Claps, 285 A.D. 847, 136 N.Y.S.2d 851 (N.Y. Ct. App. 1955).

Pincite

Opinion

Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs. Certain findings of fact disapproved and reversed. Memorandum: The evidence in our opinion does not warrant a finding that the plaintiff was induced to marry the defendant upon her representation that she would reside in the city of Rochester. Moreover the evidence does not support a finding that such representation, if made, was falsely made. If the defendant made such a repre[848]*848sentation in good faith and has now changed her mind and has refused to live with her husband in the city of Rochester, such refusal may furnish a basis for a separation action but is not a ground for annulment of the marriage. All concur. (Appeal from a judgment dissolving the marriage of the parties, annulment to become final in three months.) Present — McCurn, P. J., Vaughan, Kimball and Wheeler, JJ.

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Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs. Certain findings of fact disapproved and reversed. Memorandum: The evidence in our opinion does not warrant a finding that the plaintiff was induced to marry the defendant upon her representation that she would reside in the city of Rochester. Moreover the evidence does not support a finding that such representation, if made, was falsely made. If the defendant made such a repre[848]*848sentation in good faith and has now changed her mind and has refused to live with her husband in the city of Rochester, such refusal may furnish a basis for a separation action but is not a ground for annulment of the marriage. All concur. (Appeal from a judgment dissolving the marriage of the parties, annulment to become final in three months.) Present — McCurn, P. J., Vaughan, Kimball and Wheeler, JJ.

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Bluebook (online)

285 A.D. 847, 136 N.Y.S.2d 851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claps-v-claps-nyappdiv-1955.