FISHER V. FISHER
165 N.E. 460 (1929)
NATURE OF THE CASE: This was a dispute over whether the captain of a ship can perform a
legal marriage.
FACTS: W and H were married on board the steamship Leviathan when the ship was 40 miles
out from the port of New York. The captain performed the ceremony. W and H freely consented
to the ceremony. Cohabitation followed the ceremony. However, the question of whether the
parties were lawfully married soon ensued. H (D) prior to the performance of the shipboard
ceremony had been a married man and his former wife got a divorce decree against him in New
York because of adultery. As part of the divorce, D could not marry another during the life
of his former wife and his former wife was alive when D married W (P) on board the ship. The
question before the court was whether the laws of New York applied to the ship and ergo the
marriage was invalid.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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