Svenson v. Svenson, 27 N.Y.2d 131 (1970)
A marriage can be annulled if one party fraudulently conceals a fanatical belief so repugnant that it renders the marital relationship unworkable, and the other party would not have consented to the marriage had they known the truth.
Summary
This case concerns a wife’s attempt to annul her marriage based on her husband’s fraudulent concealment of his fanatical anti-Semitic beliefs and Nazi past. The wife alleged that her husband hid these beliefs during their courtship and revealed them only after the marriage, making the relationship unworkable. The New York Court of Appeals reversed the Appellate Division’s decision, holding that the wife’s amended complaint stated a valid cause of action for annulment because if proven, the concealed beliefs were so repugnant and fundamental that they negated the wife’s consent to the marriage.
Facts
The parties married in New York City in June 1963, and the wife filed for annulment in April 1964. The wife alleged that before the marriage, the husband concealed that he had been an officer in the German Army and a member of the Nazi party during World War II. She further claimed he was fanatically anti-Semitic, supported the extermination of Jewish people, and would require her to shun her Jewish friends. The wife alleged she relied on the husband’s apparent lack of fanaticism and would not have married him had she known the truth.
Procedural History
The Special Term initially denied the husband’s motion to dismiss the wife’s amended complaint. However, the Appellate Division reversed, finding the alleged fraud was not vital to the marriage relationship. The wife appealed to the New York Court of Appeals.
Issue(s)
Whether the wife’s allegations that the husband fraudulently concealed his fanatical anti-Semitic beliefs and Nazi past before the marriage, which were revealed after the marriage and made the relationship unworkable, state a cause of action for annulment.
Holding
Yes, because if the facts alleged in the wife’s complaint are true, the trier of fact could conclude that there was no reality to the wife’s consent to the marriage, as the concealed beliefs were so repugnant and fundamental that the wife would not have married the husband had she known the truth.
Court’s Reasoning
The Court of Appeals emphasized that a pleading should be construed liberally, with all allegations assumed to be true for the purpose of a motion to dismiss. The court reviewed prior annulment cases, noting that fraud justifying annulment must be material to the degree that, had it not been practiced, the deceived party would not have consented to the marriage. Citing Shonfeld v. Shonfeld, 260 N.Y. 477 (1933), the court reiterated that a lack of reality in consent makes a marriage voidable. The court distinguished the allegations in this case from mere disagreements or disappointments, finding that the wife’s allegations of fanatical anti-Semitism and support for genocide, if true, were so extreme and repugnant that they negated the essence of the marital relationship. The court stated, “Allowing the pleading the broad construction to which it is entitled under the law, defendant had not merely been a member of the Nazi party…but also, as an individual, he was fanatically anti-Semitic and supported the extermination of the Jewish people.” The court concluded that the wife should have her day in court to prove her allegations, as a trial could determine that the concealed facts went to the essence of her consent to marry the husband. The Court directly quoted Justice Loreto from Special Term: “‘These are more than distasteful beliefs; they are absolutely repugnant and insufferable…A fraud with respect to such beliefs, inducing marriage, is one affecting a vital aspect of the marital relationship…It might well be found to be ‘material to that degree that, had it not been practiced, the party deceived would not have consented to the marriage’”