Marguerite Svenson, Appellant v. Oscar H. Svenson, Respondent

Summary

The New York Court of Appeals reversed the judgments of the Special Term and the Appellate Division and remanded for a new trial, holding that concealment of a chronic, contagious, hereditary venereal disease at the time of marriage constitutes fraud sufficient to annul a marriage that has not been consummated. The Court also held that the Appellate Division lacked authority to affirm a judgment on a collusion issue that was never raised or decided at trial.