Opinion
06-09-1925
CSIPO v. CSIPO.
John A. Delaney, of Perth Amboy, for petitioner. Wolber & Gilhooly (by E. J. Gilhooly), of Newark, for corespondent. Thomas Brown, of Perth Amboy, for defendant.
Action by Helen E. Csipo against Louis Csipo for divorce, and counterclaim by defendant against plaintiff. Decree for plaintiff advised.
John A. Delaney, of Perth Amboy, for petitioner.
Wolber & Gilhooly (by E. J. Gilhooly), of Newark, for corespondent.
Thomas Brown, of Perth Amboy, for defendant.
CHURCH, V. C. This is an action brought by the wife against the husband on petition for divorce on the ground of adultery, and a counterclaim by the husband on account of the adultery of his wife.
It appears that a young girl, corespondent mentioned by the wife, was taken into the household and lived there for some time. It also appears that she gave birth to a child which subsequently died. The wife alleges that her husband was the father of this child. This the girl denies and insists that the father of the child was the brother of Mrs. Csipo. This the brother, in turn, denies.
The wife testified that she discovered her husband in improper relations with the corespondent, and this is corroborated by a servant in the house, who says that on a certain occasion she saw, in company with Mrs. Csipo, Mr. Csipo enter the house with the corespondent and go upstairs and afterwards she, the servant, with Mrs. Csipo, followed them upstairs and found them in bed together. There is also evidence that the corespondent resided at the Y. W. C. A. in Newark and that, during her residence there, Mr. Csipo came frequently and took her out in his automobile and that they went to theaters and restaurants and also took rides to Caldwell, stopping at the Monomonock Inn.
Certain affectionate letters were introduced in evidence, which were written by the corespondent to Mr. Csipo, couched in very endearing terms. The explanation of these letters was so astonishing that I commented upon it from the bench. It is that Mr. Csipo, fearing that he was losing the affection of his wife, dictated these letters to the corespondent, who took them down stenographic-ally and then wrote them out and sent them to him, and he placed them where his wife would find them; the idea being that he would thus arouse her jealousy and regain her love. I reiterate that this explanation, to my mind, is absolutely ridiculous and I feel that, having distorted the facts as to this phase of the case, he has probably distorted all the other facts.
I cannot escape the conclusion that Mr. Csipo committed adultery with the corespondent. Aa to the counterclaim, without analyzing the testimony in detail, I am of the opinion that no wrongdoing on the part of Mrs. Csipo has been proved.
During the trial, which lasted several days, I was able to observe carefully the witnesses and their demeanor on the stand, and I am confident that the story of the wife is true, and that of. the husband is open to great: suspicion.
I shall therefore advise a decree granting the petition of the wife, and dismissing the counterclaim of the husband.