150 N.Y.S. 248 | N.Y. Sup. Ct. | 1914
It is established that the defendant in this action was treated for tuberculosis prior to the time of his marriage and knew that he was suffering from the disease. Subsequently he was married to the plaintiff, and she has testified that the defendant represented to her prior to the marriage that certain symptoms which he displayed were the manifestations of a cold. It furthermore appears that within a few days subsequent to the marriage the defendant’s condition was such as to require the attention of a physician, who then diagnosed his case as tuberculosis, and that thereafter the plaintiff no longer continued to cohabit with'him. There are no children of the marriage. The defendant since his marriage has continued to show symptoms of tubercular, trouble and, upon the advice of his physician, has gone west for the purpose, if possible, of becoming cured. The physician further testifies that in his opinion the defendant is incurable. This action is now commenced for the annulment of the marriage upon the ground that the defendant, knowing himself to be afflicted with
Judgment accordingly.