Kentzelman v. Kentzelman

• Decision Date: 09 March 1954
• Docket Number: No. 48349,48349
• Citation: 245 Iowa 579,63 N.W.2d 194
• Parties: KENTZELMAN v. KENTZELMAN.
• Court: Iowa Supreme Court

Page 194

63 N.W.2d 194

245 Iowa 579

KENTZELMAN v. KENTZELMAN.

No. 48349.

Supreme Court of Iowa.

March 9, 1954.

Siegers & Bedell, Newton, for appellant.

Brierly & McCall, Newton, for appellee.

HAYS, Justice.

Divorce action wherein by petition and cross petition each party asks for a divorce from the other on the ground of cruel and inhuman treatment such as to endanger life. Also involved is the custody of their ten-year-old son, Ronald. The trial court dismissed plaintiff's petition and granted defendant a divorce, custody of the child, also alimony and support money. Plaintiff has appealed.

Plaintiff, age 52, and defendant, age 42, were married in December, 1939, at Independence, Missouri. Plaintiff had been divorced twice--in 1933 in Chicago, and in 1939 at Des Moines. Defendant had been divorced at Newton, Iowa, in 1938. They had known each other for a number of years; and for some time prior to defendant's divorce, he had lived at her home.

Prior to and since their marriage, both have used intoxicating liquor, the plaintiff to a far greater extent than defendant. They always had liquor in the home but there is little evidence of intoxication. They both often used vulgar and profane language about the home and sometimes in the presence of the son. However, the child appears to be well cared for and plaintiff, who has above the average earning capacity, has provided them with a good living.

Plaintiff, who has for a number of years been afflicted with stomach ulcers, attributes them to worry and nervousness over his wife's conduct both in and out of the home. It appears that since 1931 the defendant has suffered from eczema on her hands and arms. Since the marriage she also has met with accidents requiring hospitalization. Many times the sink would be filled with dirty dishes and the beds not made. Plaintiff admits that part of this was due to her illness. It is claimed that she failed to provide him with meals according to his prescribed diet, thus forcing him to eat most of his meals at restaurants. He also complains of his wife's extravagance. That when married he was not in debt but that now there is $6,000 in debts outstanding.

However, the chief complaint appears to be directed at his wife's personal conduct. It appears that in 1942 or 43 she, with other women, organized an auxiliary to the Red Men's lodge of which he was a member. She joined a drill team and thereafter was absent from home a great deal, especially at night. He received several anonymous letters concerning her conduct with other men; and when asked about it, she would deny it and say some one was trying to make trouble. While the names of several men appear in the record, the name of Jack Ford runs through the entire period. Jack Ford, age 39, is the halfbrother of Elsie Bigney who for years has been a close associate of defendant. He lived with his sister until shortly before this case was commenced in 1951. There is considerable testimony tending to show that Ford was a frequent visitor at plaintiff's home. That he and defendant often met at the sister's home and went on various trips with the defendant and others. Several witnesses testify as to their hugging and kissing each other. In 1948, defendant opened a cafe which she ran about a year. It was often midnight when it closed and she would take a taxi home. Very often Jack Ford would be at the cafe at closing time and would ride in the taxi with her to a point near where he lived and she would go on home. Although both plaintiff and Elsie Bigney talked with defendant and Ford, this relationship continued apparently to the time of trial. While plaintiff contends defendant often kicked, hit, and scratched him; these occurred some time ago, are not corroborated except in two instances, and they appear to be about a draw between them.

Defendant contends that plaintiff frequently was gone from home over night and when questioned would say it was none of her business. She received phone calls telling her to watch her husband and a woman named Doris Kling, who worked in the same department at the Maytag Co. as did plaintiff. There is other evidence tending to connect the two. Also, the name of Mrs. Darlene Simmons appears prominently in the record. The two have been seen together many times, especially since plaintiff and defendant separated. In August of 1951, defendant found plaintiff and Mrs. Simmons in his car at the Isaac Walton League Club drinking beer. Quite a fight took place between plaintiff and defendant in which blows were struck and foul language indulged in. Both Mr. and Mrs. Simmons, as well as the plaintiff, state that the three of them went to the club and drank beer in the car. That just before defendant came, Mr. Simmons left the car and went into the club house. Also in 1951, plaintiff, Mrs. Simmons, and her two children, a girl, aged 11, and a boy, aged 9, spent two weeks in a cabin in Minnesota. She slept with the...