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Rubenstein v. Kleven

United States District Court for the District of Massachusetts
150 F.Supp. 47 (1957)


Facts

Rubenstein (plaintiff) claimed that Kleven (defendant) agreed to pay for Rubenstein’s companionship, but later breached the agreement. Rubenstein sued Kleven for breach of contract in the United States District Court for the District of Massachusetts. Kleven answered that the contract was void on public policy grounds, implying that there was an exchange of  “illegal consideration.” During deposition, Kleven refused to answer questions about adultery on the ground that answering would be incriminating. Rubenstein requested the court to compel Kleven to answer, arguing that Kleven’s refusal to answer made it appear that there was an illegal relationship when, in fact, there was not.

Rule of Law

Issue

Holding and Reasoning (Aldrich, J.)

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