Kuhfal v. Kuhfal, 82.

• Decision Date: 16 May 1947
• Docket Number: No. 82.,82.
• Parties: KUHFAL v. KUHFAL.
• Court: Michigan Supreme Court

318 Mich. 105

27 N.W.2d 512

KUHFAL

v.KUHFAL.

No. 82.

Supreme Court of Michigan.

May 16, 1947.

OPINION TEXT STARTS HERE Appeal from Circuit Court, Ingham County, in Chancery; Charles H. Hayden, Judge.

Suit for divorce by Walter Kuhfal against Thelma Kuhfal, wherein the defendant filed a cross-bill. Decree for the defendant on her cross-bill and the plaintiff appeals.

Decree set aside and one entered dismissing the bill and cross-bill.

Before the Entire Bench.

Pierce, Planck & Ramsey and Barnard Pierce, all of Lansing, for appellant.

Claude J. Marshall, of Lansing, for appellee.

BUTZEL, Justice.

Plaintiff, who had two daughters by a previous marriage, one two and the other nine years of age, engaged defendant as housekeeper in August, 1937. After a few days she left because of difficulty with the older child. Plaintiff persuaded her to return and she remained in his service over a year, working most of the time without compensation as he was unemployed. He married her on November 26, 1938. At that time he owned an old car and household furniture of comparatively little value, and he owed a fair sized debt. Both parties worked very hard and were frugal. Notwithstanding plaintiff's criticism, defendant appears to have been a good housekeeper. The parties occupied a large house and augmented their income by taking in roomers. Plaintiff worked in an automobile factory and also started an insurance business in which defendant helped during plaintiff's absence. At the time of the marriage, defendant owned a house and lot, which she subsequently sold for $4,000. The parties had purchased in their joint names a house and lot for $8,500. Plaintiff also was buying on contract for himself and daughters another house and lot. On April 22, 1944, the present divorce suit was begun, a previous one having been discontinued after a reconciliation was effected. In view of our disposition of the case, it becomes unnecessary to discuss the division of the property decreed by the trial court.

The parties, particularly in more recent years, quarrelled constantly. Plaintiff was parsimonious and cruel towards defendant. At times he locked her out of the house and refused to let her eat at home. On one such occasion she responded by throwing a brick at the window. Some of the difficulty arose because of the problem of supervising the activities of the older daughter who was growing into womanhood. Defendant professes a high regard for the girl and claims that if she had plaintiff's cooperation she could get along with her. Defendant is genuinely devoted to the younger daughter and claims that her affection for the child is paramount to all other considerations in the case. Plaintiff claims that defendant was untidy and neglected the home and the children whom she sometimes referred to as ‘brats.’ He also makes a serious but unjust reflection on her morals. She did write some nonsense in her diary which might be ascribed to wishful thinking or escape from a drab life and an unfriendly husband. While some of her actions may have been foolish and indiscreet, she was guilty of no serious misconduct. The trial judge apparently so held. The record sustains him.

One transaction, however, which the trial judge discussed, cannot be overlooked. Defendant wife had reason to conclude that the older child had been violated and on confronting her, the girl stated that ‘C’ was the guilty party. Defendant thereupon gave ‘C’ the choice of paying her $5,000 or of having a criminal complaint made against him. ‘C’ paid the $5,000 which was used toward the payment of the $8,500 for property purchased in the joint names of both parties. Defendant represented to plaintiff at the time that she had inherited the money. Subsequently the older child completely exculpated ‘C’ and placed the blame on...