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20 Or. 579

Munroe v. Munroe

Oregon Supreme Court

Decided April 30, 1891

Oregon Supreme Court · decided 1891-04-30

<p>Marriage and Divorce — Fraud — Case in Judgment. — Facts examined and held that plaintiff was entitled to a decree dissolving the marriage, and also for SI,487 and interest, money advanced at defendant’s request before said marriage, upon the fraudulent representations and statements of the defendant.</p>

Cited by 2 later decisions — most recently June 1951

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1891-04-30

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Strahan, O. J.

¶1— After carefully considering the evidence in this case, we have no doubt that the plaintiff is entitled to a decree of divorce on the ground of desertion. The parties were married at Vancouver and returned to Portland where they spent one night together and then the defendant returned to her home in Washington county and never thereafter lived with the plaintiff, and it satifactorily appears from all the circumstances that at the time of the marriage she did not intend to live with him. It is unnecessary to recapitulate the evidence. It must be painful enough in its details to both parties.

¶2The plaintiff must also have a decree for the $1,487 and *580its interest. Justice would not be complete without it. This money was advanced at the request of the defendant upon the most delusive hopes and promises, which she did not intend to fulfil, but they were made only for the purpose of overreaching the plaintiff and obtaining his money. Under the circumstances the so-called release executed at the moment of the marriage ceremony cannot be permitted to stand in the way of this result. It was a part and parcel of the same fraudulent means and purpose which characterized. the defendant’s conduct with the plaintiff in all of these transactions.

¶3Let the decree of the court below be reversed and a decree be entered here in accordance with this opinion.

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