Edwards v. Huntting

• Decision Date: 30 March 1961
• Citation: 9 N.Y.2d 823,215 N.Y.S.2d 770
• Parties: , 175 N.E.2d 347 Florence N. EDWARDS, Appellant, v. Sally Jennings HUNTTING, Respondent, and Daniel O. Huntting, Defendant. Jeannette Edwards RATTRAY, Appellant, v. Sally Jennings HUNTTING, Respondent, and Daniel O. Huntting, Defendant, Deceased.
• Court: New York Court of Appeals Court of Appeals

Page 770

215 N.Y.S.2d 770

9 N.Y.2d 823, 175 N.E.2d 347

Florence N. EDWARDS, Appellant, v. Sally Jennings HUNTTING, Respondent, and Daniel O. Huntting,

Defendant.

Jeannette Edwards RATTRAY, Appellant, v. Sally Jennings HUNTTING, Respondent, and Daniel O. Huntting,

Defendant, Deceased.

Court of Appeals of New York.

March 30, 1961.

Appeal from Supreme Court, Appellate Division, Second Department, 11 A.D.2d 768, 205 N.Y.S.2d 234, and 11 A.D.2d 785, 205 N.Y.S.2d 232.

The first action was brought by the sister of a 79-year-old bridegroom against the bride and the bridegroom to annul the marriage, on ground that the bridegroom was a lunatic at the time the marriage was contracted.

The second action was brought by a niece of the bridegroom against the bride and the bridegroom to annul the marriage, on same ground.

The Supreme Court, Suffolk County, L. Barron Hill, J., rendered judgments in the actions granting annulment, and the bride appealed.

The Appellate Division, 11 A.D.2d 768, 205 N.Y.S.2d 234, reversed the judgment in the first action, granted a new trial, and held that the evidence was insufficient to show that the bridegroom was incompetent to enter into the marriage contract at the time of the marriage. Ughetta, J., dissented.

The Appellate Division, 11 A.D.2d 785, 205 N.Y.S.2d 232, reversed the judgment in the second action, granted a new trial, and held that the evidence was insufficient to establish that the bridegroom was incompetent to enter into the marriage contract at the time of the marriage. Ughetta, J., dissented.

The sister and the niece of the bridegroom appealed to the Court of Appeals, and a motion was made in the Court of Appeals to dismiss the appeals.

Motion to dismiss the appeals denied.