122 Misc. 196 | N.Y. Sup. Ct. | 1924
This action is brought to annul a marriage; the defendant enters a general denial and interposes a counterclaim asking for a separation. On the 11th of January, 1891, Johannus Marinus Jans Peter Westerdahl married this defendant, the marriage taking place at St. Saviours Church, Copenhagen, Denmark. About a month after said marriage defendant came to this country with her brother, her husband remaining in Denmark. She was then a young girl of about eighteen. On May 26, 1894, the defendant married Rudolph Wermuth. It appears that the plaintiff knew both of the contracting parties and was present at this ceremony. In fact, defendant testifies that Wermuth was related to the plaintiff and it appears that the defendant had known the plaintiff Sorenson ever since she arrived in this country from Denmark. In 1897 the said Wermuth died and in May, 1900, the plaintiff and the defendant herein went through a marriage ceremony in the borough of Brooklyn, city of New York and the defendant has ever since that time resided in this borough of Brooklyn. It appears that some months after the said ceremony of marriage between plaintiff and defendant, a communication was received from the Danish consul by the defendant, in response to which the defendant presented herself at the Danish consulate in the city of New York, borough of Manhattan, where certain papers were shown to her. A paper was signed by the defendant at the office of the consul. The defendant testified that the visit at the consul’s office was in relation to a divorce from Westerdahl. It is of importance at this point that a word of description of the defendant be made a part of this opinion. In a case that has developed on the peculiar and interesting lines that this one has, the personality of the parties becomes of great importance as to their credibility. It must be remembered that the defendant came to this country from Denmark as a woman not matured, a woman, I believe, reserved, domestic and unworldly, one who, in her own country, would have been a quiet haus fran, as she would have been called in Germany. It is easy to infer that she had little realization of our laws or customs at the age when she arrived in this country, or even of those of her native country, which may account for her attitude towards the Danish marriage. Conversations were had with friends upon the effect of that marriage and with a deacon of her church, and defendant testified that the minister marrying her to plaintiff knew all about the marriage with Westerdahl, so that her attitude ‘n this country was that she “ had nothing to do with Denmark any ore.” I am convinced that the defendant absolutely believed hat in this country she had become free from any status of citizen-hip in Denmark and free from the marriage ceremony performed
Judgment accordingly.