Nolker v. Nolker

• Decision Date: 07 January 1919
• Docket Number: No. 16001.,16001.
• Citation: 208 S.W. 128
• Parties: NOLKER v. NOLKER.
• Court: Missouri Court of Appeals

208 S.W. 128

NOLKER v. NOLKER.

No. 16001.

St. Louis Court of Appeals. Missouri.

Argued and Submitted November 20, 1918.

Opinion Filed January 7, 1919.

Rehearing Denied January 22, 1919.

Appeal from St. Louis Circuit Court; Rhodes E. Cave, Judge.

"Not to be officially published."

Action by Robert E. Nolker against Pearl Elizabeth Nolker for divorce. Judgment and decree dismissing plaintiff's petition, and awarding defendant attorney's fees and expenses for trial. Motion for new trial overruled, and decree modified, by striking out allowance for attorney's fees and expenses incident to preparation for trial, and by taxing against plaintiff, in lieu thereof, the cost of depositions, and plaintiff appeals. Judgment dismissing complaint, and allowing cost of depositions, affirmed.

See, also, 208 S. W. 135.

Fauntleroy, Cullen & Hay, of St. Louis, for appellant.

Frumberg & Russell and Hiram N. Moore, all of St. Louis, for respondent.

REYNOLDS, P. J.

This action for divorce was originally brought to the June, 1916, term of the circuit court of the city of St. Louis. The original petition is not before us but on February 21st, 1917, plaintiff filed an amended petition, which, alleging the marriage of the parties on January 4th, 1912, avers that they lived together as husband and wife until October 12th, 1915, and that during that time plaintiff faithfully demeaned himself and discharged all of his duties as the husband of defendant and at all times treated her with kindness and affection but that the defendant, wholly disregarding her duties as a wife, had offered him such indignities as to render his condition intolerable. The alleged indignities are that ever since the marriage defendant had treated plaintiff with coolness, indifference and contempt, addressing him as "boob" and "Dutch boob," and has repeatedly and continuously stated to him that she married him only for his money; that she did not love him and would be glad to get rid of him; that ever since the marriage defendant had indulged in excessive use of intoxicating liquors, had become intoxicated repeatedly, visited various restaurants, cafés and road houses in the city of St. Louis and in the county of St. Louis with strange men and there indulged in the use of intoxicating liquors, without the knowledge and consent of plaintiff; that ever since the marriage defendant has entertained in her apartment in the St. Regis Apartments in the city of St. Louis strange men, the names unknown to plaintiff, and without his knowledge and consent; that ever since her marriage defendant has used vile and obscene language, would swear at, curse, and abuse plaintiff; that on the occasion of a trip to Europe, and in the city of Berlin, defendant, against the wishes and consent of plaintiff, submitted to an operation by which a miscarriage or abortion of a then existing pregnancy was produced; ever since has refused to bear children, and said that she did not propose to have her career as an opera singer spoiled by having children; that at times referred to, defendant had said she had only married him as a means of procuring money to fit her for the stage; that upon the return of plaintiff and defendant from their wedding trip to the city of St. Louis, about June 1st, 1912, plaintiff had established a home at the St. Regis Apartments and that immediately thereafter defendant insisted on going to Europe for the alleged purpose of studying vocal music; that plaintiff objected to this and insisted on her remaining at home in St. Louis, but that defendant left that home on May 15th, 1913, and went to Paris. France, remaining there until September 3d, 1914; that defendant stated that if plaintiff would not permit her to go to Paris for that purpose, she would leave him and secure a divorce from him; that while in Paris, defendant associated with questionable characters and frequented disreputable cafés and resorts with them, without the knowledge or consent of plaintiff; that on December 2d, 1913, plaintiff went to Paris to induce defendant to return to her home in St. Louis but defendant refused to do so, and when plaintiff insisted she flew into a violent rage, cursed and swore at him and abused him and told him that she did not care for him; that he could do as he pleased; that she intended to go on the stage and that she was a great singer, and that she did not propose to reside in the "Dutch Town of St. Louis" with plaintiff; that defendant repeatedly claimed that she was superior to the citizens of the city of St. Louis; that one of her intellectual and musical attainments had no place in a provincial city like St. Louis, and that she would no longer live there; that on September 3d, 1914, on account of the war breaking out in Europe, defendant suddenly left Paris and came to New York, unexpectedly arriving at her home in St. Louis and remaining at the home with plaintiff about two months, when she again insisted upon leaving St. Louis, stating that it was no place for her, and, over the objection of plaintiff, went to the city of New York and set up housekeeping in an apartment, all this against the remonstrances and objection of plaintiff; that while defendant was in New York City she visited the apartments of various men, unknown to plaintiff, frequented cafés, restaurants and questionable resorts in the city of New York, with men unknown to plaintiff; that defendant gave dances in her apartment in New York and invited male persons of disreputable character as her guests; that these parties lasted until the early hours of the morning; that she became acquainted with one C. (name omitted by us), a vaudeville singer, who was constantly at her apartment in New York, and whom she addressed as "Dear Chicci," "Baby," and other endearing names and to whom she referred as her "protector"; that on account of a scandal in the city of New York, in which defendant became involved, she returned home to St. Louis on the 5th or 6th of July, 1915; that at her home in the city of St. Louis, on October 12th, 1915, the defendant, without the slightest cause or provocation, flew into a violent rage, assaulted plaintiff, tore his hair, and drove him from his hone and told him to get his clothes and get out and never return; that she had no further use for any "Dutch boobs" like him; flat on the occasion of defendant's trip to Europe between the 15th of May, 1913, and the 3d of September, 1914, she was extravagant in her expenditures, expending the sum of $19,123.50, which she had secured from plaintiff, and that since their marriage she has compelled plaintiff to expend the sum of $44,344.94 on her account, in addition to household, living and personal expenses; that on September 1st, 1912, defendant insisted upon her sister living with them at their home, over the protest of plaintiff, and insisted that the furniture of this sister be kept at the home of plaintiff for the purpose of saving storage for the sister, and insisted upon plaintiff maintaining and supporting the sister from and after September 1st, 1912, and up to the time plaintiff was driven from his home; that defendant insisted upon her sister accompanying her to Europe, which the sister did, and remained with defendant until her return to St. Louis, at the expense of plaintiff; that plaintiff repeatedly and continuously objected to the sister living at the home, and repeatedly informed defendant that he desired to live alone with her at his home, but defendant insisted on having her sister remain with her regardless of the wishes of the plaintiff; that upon defendant's return from Europe, in 1914, she received letters through the mail from strange men, and that plaintiff demanded the names of the persons who had written the letters to her, which she refused to give, or to give any information with reference thereto; that on the return of defendant from her European trip on September 8th, 1914, she insisted upon plaintiff selling his interest in his place of business and leaving the city of St. Louis, saying she would not live there; that when plaintiff refused, defendant flew into a violent passion and cursed and swore at him, striking him with a chair and informing him that unless he removed from St. Louis she would leave him; that defendant repeatedly stated to plaintiff that she could earn large sums of money in the operatic and theatrical profession; that her ambitions were of a higher standard than living and associating with a "common Dutchman," such as the plaintiff.

It is further charged that during the month of March, 1916, defendant became acquainted with one C. V. R. (giving the name in full, which we omit), and assumed intimate personal relations with him, accompanying him in his automobile to various roadhouses in St. Louis county, where she drank excessive quantities of liquor, on one occasion becoming so intoxicated that she had to be carried to the automobile belonging to this man; that she used vile and obscene language in the presence and hearing of others on that occasion; that during her association with this man she presented him with several silk shirts belonging to this plaintiff, which bore his initials; that she openly and notoriously addressed him as her "baby," and as the "greatest Italian lawyer in the world," and requested that person to address her as "the greatest operatic singer in the world," and also stated that she wished to be addressed as "Senora R." (we omit name); that ever since her association with this man he was permitted to visit her home at all hours of the day and night, dining and, at various times, sleeping in the apartment occupied by defendant; that she presented this man with two of her photographs in different poses, one hearing the inscription in the handwriting of the defendant, "From the greatest opera singer to the greatest Italian lawyer—Betty Nolker"; that while plaintiff and defendant were residing together in the St. Regis Apartments, "in the...