Kober v. Kober

211 N.E.2d 817 (1965)

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Kober v. Kober

New York Court of Appeals
211 N.E.2d 817 (1965)

  • Written by Sharon Feldman, JD

Facts

Jacqueline Kober (plaintiff) filed an annulment suit against her husband, Josef Kober (defendant), alleging that Josef falsely and fraudulently concealed from her that he had been an officer in the German Army and a member of the Nazi party during World War II and was fanatically anti-Semitic, approved of Hitler’s “final solution,” and was requiring that she stop socializing with her Jewish friends. Jacqueline alleged that she would not have married Josef had she known his true nature before marrying him. Josef moved to dismiss the cause of action for insufficiency. The motion was denied by the special term but reversed on appeal. The appellate division held that marriages were annullable only for frauds vital to the marriage relationship and that the fraud alleged by Jacqueline was not vital to the marriage relationship. Jacqueline appealed.

Rule of Law

Issue

Holding and Reasoning (Van Voorhis, J.)

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