TaiLexi AI U.S. Case Law

Di Lorenzo v. Di Lorenzo

Gregorio Di Lorenzo v. Johanna Di Lorenzo

Di Lorenzo v. Di Lorenzo, 34 Misc. 692 (N.Y. Sup. Ct. 1901)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
New York Supreme Court · State Trial Courts
Decided
May 15, 1901
Judges
Gaynor
Citations
34 Misc. 69270 N.Y.S. 1012
Headnotes
Annulment of marriage for fraud — Palming a substituted child upon one as an inducement to Mm to marry its alleged mother — Code C. P., § 1743, subd. 4. An action to annul a marriage, upon the ground that the consent of one of the parties was obtained by fraud, will lie where the husband proves that his wife induced him to marry her by falsely representing to him that she had borne him a child, then living, and by palming upon him as his a child which was neither his nor hers. Frauds which go to the essence of the marriage contract are to be rated in the same manner as other frauds respecting contracts.
Summary
Action to annul a marriage on the ground of fraud.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gaynor

Text extracted by OCR from a scanned original; check the original for exact wording.

Gaynor, J.

The verdict of the jury establishes that the defendant induced the plaintiff to marry her by .falsely and fraudulently representing to him and causing him to believe that she had given birth to a child of which he was the father, and that it was then living, whereas she had borne no child at all, but palmed off a false child on him. This was obtaining his consent to the marriage by fraud within subdivision 4 of section 1743 of the 0ode of Civil Procedure. It seems to me that the intention of our law is to rate frauds which go to the essence of the marriage contract and relation the same as frauds in general in respect of contracts (Scott v. Shufeldt, 5 Paige, 43 ; Moot v. Moot, 37 Hun, 288 ; Keyes v. Keyes, 6 Misc. Rep. 355 ; King v. Brewer, 8 Misc. Rep. 587 ; Kujek v. Goldman, 150 N. Y. 176 ; Donovan v. Donovan, 9 Allen, 140 ).

Judgment for the plaintiff.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 0 cases

No case in this database cites this case.

Authorities cited 4

DepthCaseCited by
Kujek v. Goldman, 44 N.E. 773 (N.Y. 1896) 77
Scott v. Shufeldt, 5 Paige Ch. 43 (1835) 26
Keyes v. Keyes, 26 N.Y.S. 910 (1893) 9
King v. Brewer, 29 N.Y.S. 1114 (1894) 6

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list