13 N.J. Misc. 349 | New York Court of Chancery | 1935
Complainant sued for separate maintenance. The defendant by counter-claim demanded an accounting. The bill vas
The present proceeding is the finale of considerable litigation in this court between the defendant Bertha Wittlinger and the counter-claimant, William Wittlinger, who were formerly husband and wife. During the course of their married life, the counter-claimant, William Wittlinger, out of his earnings, purchased eighty-eight shares of General Motors Corporation common stock, title to which at all times remained in him. He also acquired five shares of stock of the Uncle Sam Building and Loan Association which stood in the joint names of Bertha Wittlinger and William Wittlinger. In addition thereto, he and his former wife maintained a joint bank account which at their parting amounted to something in excess of $3,000. About the time of the separation the defendant, Bertha Wittlinger, withdrew all of the money in the joint bank account and took possession of the securities above enumerated. She then instituted suit in this court for separate maintenance on behalf of herself and one infant child. Upon the representation that she was destitute, an order for alimony pendente lite and counsel fees was made
Upon the trial of the separate maintenance suit, the bill was dismissed. The testimony disclosed that the counter-claimant, William Wittlinger, was wholly innocent of any wrongdoing and that the defendant Bertha Wittlinger was wholly at fault. With the most brazen effrontery she then instituted suit in this court for divorce on the ground of desertion. The defendant-husband counter-claimed in that suit for divorce on the ground of adultery. The wife’s petition was dismissed. She was adjudged guilty of the adultery charged against her and a decree awarded to the husband.
It is significant that the only way in which the defendant Bertha Wittlinger was enabled to work out her scheme to strip the counter-claimant of his securities was by means of the order of this court for alimony pendente lile. It was
The master included in his findings an allowance for alimony down to the date of the final decree in the separate maintenance suit, totaling $1,260. It would be unconscionable to permit the defendant Bertha Wittlinger to collect any moneys under an order of this court which she fraudulently obtained. Though no exception has been taken by the counter-claimant to this item, it will be disallowed on the court’s own motion. Alimony was allowed at the Tate of $15 per week for the support and maintenance of the defendant Bertha Wittlinger and her son. Upon the dismissal of the bill of complaint, the counter-claimant was directed to pay the sum of $5 per week for the maintenance of his child. The defendant Bertha Wittlinger will be charged with the sum of $10 per week for the period during which the order for alimony pendente Kte remained effective. She may be credited with the sum of $5 per week for the maintenance of her child.
Any other disposition of this matter would result in permitting the complainant to profit by her own wrong. Such a result cannot be countenanced.
The exceptions to the master’s report are overruled and the matter is re-referred to Howard Isherwood, Esq., the master originally designated, to restate the account in accordance with my views.