Smith v. Smith

Appellate Division of the Supreme Court of New York

Smith v. Smith

243 A.D. 580

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1934·Published·Cited by 1 cases

Opinion

Judgment in action to annul a marriage reversed on the law and the facts, without costs, and plaintiff given judgment annulling his marriage, upon the ground that the defendant was a lunatic at the time thereof, which fact was not then known by the plaintiff. In our opinion the proofs establish the lunacy of the defendant before and at the time of her marriage with the plaintiff and the plaintiff’s ignorance of her mental disorder at that time, and that he did not cohabit with her after the discovery of such condition. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Lazansky, P. J., Young, Carswell and Tompkins, JJ., concur; Hagarty, J., not voting. Settle order on notice.

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Judgment in action to annul a marriage reversed on the law and the facts, without costs, and plaintiff given judgment annulling his marriage, upon the ground that the defendant was a lunatic at the time thereof, which fact was not then known by the plaintiff. In our opinion the proofs establish the lunacy of the defendant before and at the time of her marriage with the plaintiff and the plaintiff’s ignorance of her mental disorder at that time, and that he did not cohabit with her after the discovery of such condition. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Lazansky, P. J., Young, Carswell and Tompkins, JJ., concur; Hagarty, J., not voting. Settle order on notice.

Smith v. Smith, 243 A.D. 580 (N.Y. Ct. App. 1934).

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Opinion

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