In re Bogardus

Appellate Division of the Supreme Court of New York

In re Bogardus

223 A.D. 815

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

DecidedMarch 15, 1928

StatusPublished

This text of 223 A.D. 815 (In re Bogardus) 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

In re Bogardus, 223 A.D. 815 (N.Y. Ct. App. 1928).

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Opinion

Decree affirmed, with costs. AH concur, except Sears and Taylor, JJ., who dissent and vote for reversal on the following grounds: When the marriage between the deceased and respondent was celebrated in 1916 respondent knew or should have known that his prior wife was living, for her residence up to that time had remained at the very place where he had sent furniture to her some years previously. The marriage between deceased and respondent was, therefore, void when contracted. (Stokes v. Stokes, 198 N. Y. 301.) Under such circumstances respondent cannot be deemed to have acted in good faith. The mere continuance of the relations between respondent and deceased after the death of respondent’s prior wife in 1919 is insufficient to establish a common-law marriage. (Matter of Hill v. Vrooman, 242 N. Y. 549.) Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.

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Decree affirmed, with costs. AH concur, except Sears and Taylor, JJ., who dissent and vote for reversal on the following grounds: When the marriage between the deceased and respondent was celebrated in 1916 respondent knew or should have known that his prior wife was living, for her residence up to that time had remained at the very place where he had sent furniture to her some years previously. The marriage between deceased and respondent was, therefore, void when contracted. (Stokes v. Stokes, 198 N. Y. 301.) Under such circumstances respondent cannot be deemed to have acted in good faith. The mere continuance of the relations between respondent and deceased after the death of respondent’s prior wife in 1919 is insufficient to establish a common-law marriage. (Matter of Hill v. Vrooman, 242 N. Y. 549.) Present — Hubbs, P. J., Clark, Sears, Taylor and Sawyer, JJ.

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223 A.D. 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bogardus-nyappdiv-1928.

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