Fisher v. Fisher

Aedita Fisher (plaintiff) and Harry Fisher (defendant) married aboard the steamship Leviathan after it left New York bound for England, and lived as husband and wife for several years before Aedita sued for divorce; Harry denied any valid marriage existed, since a New York decree dissolving his first marriage (for his adultery) had barred him from remarrying while his first wife remained alive, and she was still living at the time of his marriage to Aedita. The appellate division held the marriage valid, and Harry appealed to the New York Court of Appeals.