34 App. D.C. 536 | D.C. Cir. | 1910
delivered tbe opinion of tbe Court:
Tbis is an action brought by appellant, Clyde L. Williamson, in tbe supreme court of tbe District of Columbia against bis wife, Mabel Williamson, for the annulment of tbe marriage contract, on tbe ground of fraud. It appears that appellant became acquainted witb appellee through a correspondence started by appellant’s answering an advertisement in a paper issued by a matrimonial bureau, wherein it was represented that appellee desired the acquaintance of a young man matrimonially inclined. Tbe correspondence from tbe start appears to have been conducted witb remarkable ardor and activity, since, according to tbe record, about one hundred letters passed between April and November, 1906. As a sequel to this romantic adventure, an engagement followed, and appellant urged appellee to come to Washington to marry him, accompanying tbe request witb tbe sum of $21. Appellee failed to appear at tbe appointed time, but wrote to appellant explaining her delay. It is alleged she gave as an excuse “that she bad used part of said fund to assist her sister in a run-away from her father’s house.” Appellant, doubtless regarding tbis incident as conclusive proof of appellee’s qualifications to become a loving and affectionate wife, and especially suited to preside over a peaceable and happy home, forwarded tbe further sum of $20, accompanying it with an urgent appeal for baste. Tbis time she came. On tbe day of her arrival they were married. Tbis was the first meeting of tbe parties. Appellee insisted that tbe ceremony be deferred
It is well settled that mere misrepresentations as to social position, rank, fortune, manners, and disposition furnish no ground for declaring a marriage contract void. Misrepresentations of this kind are tolerated on the ground of public policy. The rule which has been adopted generally by the courts and text writers was well stated by Chief Justice Bigelow in Reynolds v. Reynolds, 3 Allen, 605, as follows: “In the absence of force or duress, and where there is no mistake as to the iden
In the present case there is no claim of the concealment of any material fact that would, in law, vitiate a marriage contract. In fact, the evidence tends strongly to disprove the specific allegation upon which the charge of fraud is based. We find no reason for an abrupt termination of this romantic venture.
The decree of the court below dismissing the hill is affirmed, with costs, and it is so ordered. Affirmed.