Kelsey v. Kelsey

• Citation: 237 N.Y. 520,143 N.E. 726
• Parties: Guy W. KELSEY, Appellant, v. Caroline A. KELSEY, Respondent.
• Decision Date: 20 November 1923
• Court: New York Court of Appeals

237 N.Y. 520

143 N.E. 726

Guy W. KELSEY, Appellant,

v.Caroline A. KELSEY, Respondent.

Court of Appeals of New York.

Nov. 20, 1923.

Appeal from a judgment, entered January 4, 1923, upon an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department (204 App. Div. 116,197 N. Y. Supp. 371), reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term and directing a dismissal of the complaint. The action was brought, husband against wife, to procure an absolute divorce on the ground that the wife after procuring a divorce in a foreign state had married another in that state and both returning here had lived together as husband and wife. The Appellate Division held that plaintiff was not entitled to divorce because he, himself, had remarried after his wife had obtained her divorce.

James R. Creary, of Rochester, for appellant.

William MacFarlane, of Rochester, for respondent.

PER CURIAM.

Judgment affirmed, with costs.

HISCOCK, C. J., and HOGAN, CARDOZO, POUND, McLAUGHLIN, CRANE, and ANDREWS, JJ., concur.