Osborne v. Osborne

• Decision Date: 15 April 1887
• Citation: 9 A. 698,44 N.J.E. 257
• Parties: OSBORNE v. OSBORNE.
• Court: New Jersey Court of Chancery

9 A. 698

44 N.J.E. 257

OSBORNE

v. OSBORNE.

Court of Chancery of New Jersey.

April 15, 1887.

On bill for divorce.

H. H. Wainright, for complainant.

W. F. Abbott, for defendant.

BIRD, V. C. The complainant is entitled to a decree. The proof satisfies my mind that Mrs. Osborne has been guilty of adultery with one Stratton. Stratton was a married man. He had a wife and two children; and, not very long after his intimacy with Mrs. Osborne began, he abandoned them. Very soon after his acquaintance with Mrs. Osborne, there was very great familiarity between them. They would take Mr. Osborne's horse and carriage and ride out together. Stratton taught school near by where Osborne lived, and for several weeks boarded at Osborne's. He afterwards taught school two miles distant from Osborne's, but continued boarding there, although there can be no doubt but that he could have procured board in the immediate vicinity of the school. While teaching at the last place referred to, Mrs. Osborne would take him to the school, or drive there for him. This she did several times. Mr. Osborne was then living at Manasquan, New Jersey. Soon after, he moved to New York city. Before going there, Mrs. Osborne promised Mr. Osborne that she would not see Stratton any more, but Stratton met them at Jersey City when on their way to New York; and it was not long before Mrs. Osborne took him to board with her in Forty-ninth street. He continued to board with her, most of the time, for years, and until the commencement of these proceedings; and, although the intimacy between Mrs. Osborne and Stratton was enough to prompt Mr. Osborne to commence these proceedings, yet the institution of this suit was not enough to drive Stratton away from her daily presence, nor to compel her to turn her back upon him. They visited Philadelphia together. Mrs. Osborne and her son and daughter went to Niagara, and Stratton went along. She spent some time at the Catskills, and Stratton was there with her. But, it is true, he paid his own bills. Mrs. Osborne was upon the witness stand, but she did not deny having committed adultery with Stratton. Stratton was called by her, nor did he deny having committed adultery with Mrs. Osborne. She says Stratton always conducted himself as a gentleman.

The defendant in her answer, by way of cross-bill, sets up recriminatory charges of cruelty and desertion; and upon the argument counsel said, if there must be a divorce, let it be on the ground of desertion, for the sake of the children. The court cannot do any such thing. I suppose every court would most gladly throw the mantle of oblivion over the faults of citizens, if, by so doing, justice could at the same time be done to the complaining party. I would not have made reference to this appeal did I not...