Fisher v. Fisher
New York Court of Appeals
165 N.E. 460 (1929)
Aedita Fisher (plaintiff) and Harry Fisher (defendant) were married on the Atlantic Ocean by the captain of the steamship Leviathan after the steamship left the port of New York bound for England. Afterward, the Fishers lived as husband and wife for several years until Aedita filed suit against Harry, seeking a divorce. Harry denied that a valid marriage existed. In the decree dissolving the marriage between Harry and his first wife on the basis of his adultery, a clause forbade Harry from remarrying during the ex-wife’s lifetime. At the time of his marriage to Aedita, Harry’s first ex-wife was still alive. The appellate division held that the marriage was valid. Harry appealed. The New York Court of Appeals granted certiorari to review.
Rule of Law
Holding and Reasoning (Kellogg, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.