New York Court of Appeals

Anna Krause, Respondent v. Bernard Krause, Appellant

March 12, 1940282 N.Y. 355

Summary

The Court affirmed the lower court's order striking the husband's second defense that his Nevada divorce was invalid, holding that the defense is insufficient as a matter of law. It reasoned that allowing the husband to repudiate the foreign decree would defeat the plaintiff's right to support. The dissent argued the defense should be upheld. The certified question was answered in the negative.