Miller v. Amalgamated Laundries, Inc.

Appellate Division of the Supreme Court of New York

Miller v. Amalgamated Laundries, Inc.

233 A.D. 868

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

DecidedJune 15, 1931

StatusPublished

This text of 233 A.D. 868 (Miller v. Amalgamated Laundries, Inc.) 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

Miller v. Amalgamated Laundries, Inc., 233 A.D. 868 (N.Y. Ct. App. 1931).

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Opinion

Judgment and order affirmed, with costs. No opinion. Lazansky, P. J., Young and Scudder, JJ., concur; Carswell, J., dissents for the following reason: John Miller was not competent to become a party to a common-law marriage in New York. That which is stated to have happened in New Jersey does not establish a common-law marriage in New Jersey. Davis, J., dissents, with the following memorandum: No common-law marriage was established either in law or in fact. There could be no common-law marriage by agreement alone. The completion of the contract, if any agreement to marry was made in New Jersey, occurred in New York, where the reputed husband was incapable of entering into a marriage contract.

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Judgment and order affirmed, with costs. No opinion. Lazansky, P. J., Young and Scudder, JJ., concur; Carswell, J., dissents for the following reason: John Miller was not competent to become a party to a common-law marriage in New York. That which is stated to have happened in New Jersey does not establish a common-law marriage in New Jersey. Davis, J., dissents, with the following memorandum: No common-law marriage was established either in law or in fact. There could be no common-law marriage by agreement alone. The completion of the contract, if any agreement to marry was made in New Jersey, occurred in New York, where the reputed husband was incapable of entering into a marriage contract.

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233 A.D. 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-amalgamated-laundries-inc-nyappdiv-1931.