Krasnow v. Krasnow

• Decision Date: 14 September 1932
• Citation: 182 N.E. 338,280 Mass. 252
• Parties: KRASNOW v. KRASNOW (two cases).
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

280 Mass. 252

182 N.E. 338

KRASNOW

v.KRASNOW (two cases).

Supreme Judicial Court of Massachusetts, Suffolk.

Sept. 14, 1932.

Appeal from Probate Court, Suffolk County; George M. Poland, Acting Judge.

Lible for divorce by Eva Krasnow against Abraham Krasnow, and separate proceedings by Abraham Krasnow against Eva Krasnow for relief of disabilities of coverture, which were heard together. From decree granting wife divorce and custody of child and from decree denying husband's petition, the husband appeals.

Decrees affirmed.

A. S. Vigoda, of Boston, for appellant.

M. B. Frankel, of Cambridge, for appellee.

WAIT, J.

On August 26, 1931, Abraham Krasnow filed in the probate court for Suffolk county his petition alleging his marriage to Eva Krasnow, that a child then fourteen years of age had been born to them, that Eva Krasnow had deserted him and he was living apart from her for justifiable cause, that he had need to be relieved of the disabilities of coverture so far as to be enabled to dispose of his estate without the wife's written consent in the same manner and with the same effect as if he were sole and praying that a decree be entered establishing the fact of desertion and that such living apart is for justifiable cause. On September 1, Eva Krasnow accepted service and on September 14, an appearance on her behalf was filed. No answer was filed. On September 15, she filed her libel for divorce against her husband, alleging the marriage in 1914; residence together in Suffolk county; the birth of a child in 1917; that she ‘has always been faithful to her marriage vows and obligations,’ but on July 26 and July 31, 1931, and other dates the husband has treated her cruelly and abusively; referring to the husband's petition of August 26; and praying a divorce, the care and custody of the child, and an allowance for support of herself and minor child. This libel bore date of September 3, 1931. On November 27, the husband answered admitting marriage and child, denying that ‘he has ever treated the libellant cruelly and abusively,’ alleging that while he has always been faithful to his marriage vows and obligations the wife has been unmindful of her reciprocal marriage vows and obligations on numerous occasions, has been guilty of cruel and abusive treatment to him and on July 31, 1931, deserted him, and further answering that if it should appear he had been guilty of cruel and abusive treatment toward her or in any way unfaithful to his marriage vows and obligations which he denies, such acts and failures have been condoned by the wife.

The petitions were heard together. The acting judge of the court granted the wife's petition for divorce and custody, but refused alimony and confined any allowance to support for the child. He denied the husband's petition. He filed a finding of facts which, so far as here material, stated that on July 26, 1931, the husband struck the wife causing a blackened eye, and on July 31, took hold of her violently, called her vile names and threatened bodily harm to her; and ‘that it is not only probable, but nearly inevitable that further acts of violence would occur if the parties lived together again, with resulting injury to the libellant's health.’ There was evidence, which it was agreed could be considered in both cases, that about November of 1930 husband and wife became acquainted with a police officer whose beat included their store and residence; that this policeman frequently visited their store while on duty; that, when the husband was absent, the wife and the policeman were frequently together in the back part...