24 N.Y.S. 917 | The Superior Court of the City of New York and Buffalo | 1893
In order to maintain an action to annul a marriage on the ground that the defendant was a lunatic, it must appear that such cause existed at the time of the marriage. Code, § 1743.
“What degree of mental imbecility, what extent of intellectual aberration^, will suffice to annul a contract of marriage, it is difficult to pronounce. Certainly, mere weakness of intellect, or even great eccentricity of conduct, unless it reaches a point that evinces inability to comprehend the subject-matter of the contract, will not suffice; and every principle of sound policy and humanity admonishes us that a contract so important in its social relations, and bearing so materially on the peace and happiness of families, should not be set aside upon slight grounds, or on less proof than would suffice to annul contracts less sacred and important in their nature.”
Suppose the defendant should recover,' (a thing possible,) and, on seeking his home, found his wife living with another man, to whom she had contracted another marriage under the license of 'the divorce court. What a commentary that would be' on justice. The defendant’s present condition almost precludes a trial, for a being in his state of mind can make no defense whatever. The policy of the law is to protect the weak and helpless, and for that reason courts exercise a zealous care over their interests. The court sympathizes with the plaintiff, but can furnish her no relief. Application for decree denied.
Code Civil Free. § 1743, provides that an action may be maintained to annul a marriage “for either of the following causes, existing at the time of the marriage: * * * (3) That one of the parties was an idiot or a lunatic.”