150 N.Y.S. 366 | N.Y. Sup. Ct. | 1914
This is an action for the annulment of a marriage. No defense is offered and the only question, therefore, to be determined is whether the proof offered by the plaintiff in support of her contention that she was fraudulently induced to marry the defendant is sufficient in law to warrant the court in granting a decree. Plaintiff was engaged in domestic service. During her employment she met the defendant. In the course of their acquaintance it developed that she possessed some $1,100, saved out of her earnings. The defendant, as she testifies, said to her that if she would give him her savings he would marry her and that with her money and money of his own he would buy a hotel and go into business. She further testified that she was induced by this representation to enter into the marriage, that she relied upon it, and that she would not have married the defendant unless she had believed that such was his intention. Two days after the marriage the defendant took her to Paterson, N. J., and there showed her a hotel which he represented to her was for sale and which could be purchased for $7,000. After discussion it was agreed that the premises should be purchased. She accordingly gave her savings to the defendant upon the representation that $1,000 was to be paid on account of the purchase price. The defendant took the money and departed, and up to the date of this trial she has not seen him nor learned of his whereabouts. In Di Lorenzo v. Di Lorenzo, 174 N. Y. 467, which was an action for the annulment of a marriage upon the ground of fraud,
Judgment for plaintiff.