Sprague v. Sprague

Appellate Division of the Supreme Court of New York

Sprague v. Sprague

225 A.D. 699

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

DecidedNovember 15, 1928

StatusPublished

Cited by1 cases

This text of 225 A.D. 699 (Sprague v. Sprague) 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

Sprague v. Sprague, 225 A.D. 699 (N.Y. Ct. App. 1928).

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Opinion

Judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The evidence as to the existence of the alleged common-law marriage between plaintiff and Kent does not approximate that required in order to constitute a common-law marriage (Graham v. Graham, 211 App. Div. 580, 582), for the reason that it fails to disclose any present consent of the plaintiff and Kent to take each other as husband and wife, to enter into a relation to continue until death, with the resulting obligations of husband and wife. Furthermore, the evidence discloses that the period during which the alleged common-law marriage is said to have existed was one in which it was legally impossible to contract such a marriage. (Matter of Hinman, 147 App. Div. 452.) Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.

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Judgment reversed upon the law and the facts and a new trial granted, costs to appellant to abide the event. The evidence as to the existence of the alleged common-law marriage between plaintiff and Kent does not approximate that required in order to constitute a common-law marriage (Graham v. Graham, 211 App. Div. 580, 582), for the reason that it fails to disclose any present consent of the plaintiff and Kent to take each other as husband and wife, to enter into a relation to continue until death, with the resulting obligations of husband and wife. Furthermore, the evidence discloses that the period during which the alleged common-law marriage is said to have existed was one in which it was legally impossible to contract such a marriage. (Matter of Hinman, 147 App. Div. 452.) Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.

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Bluebook (online)

225 A.D. 699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sprague-v-sprague-nyappdiv-1928.

Opinion

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