42 Misc. 48
Decided December 15, 1903
New York Supreme Court · decided 1903-12-15
<p>Action by a husband to annul a marriage — False representations of his that he had attained the age of legal consent at the time of the marriage not a defense.</p> <p>It is not a defense to an action to annul a marriage, brought by the plaintiff on the ground that he had not attained the necessary legal age when the marriage was consummated, for the defendant to plead that he then fraudulently represented to her that he was of legal age, that she believed him and was thereby deceived into marrying him.</p>
Decided 1903-12-15
¶1It is pleaded as a defense that the plaintiff fraudulently represented to the defendant that he was of the legal age, viz., eighteen years, and that she believed him and was thereby deceived into marrying him. This is no defense (New York Building Loan Co. v. Fisher, 23 App. Div. 363).
¶2Judgment for the plaintiff.