Knapp v. Knapp

The very findings of the trial court established certain cruel and inhuman treatment on the part of the defendant warranting a decree of separation on that ground in favor of the plaintiff (Avdoyan v. Avdoyan, 265 App. Div. 763; Pearson v. Pearson, 230 N. Y. 141, 146; Smith v. Smith, 92 App. Div. 442; McNulty v. McNulty, 119 App. Div. 150).

Condonation as to any cruel and inhuman treatment charged was not set up as a defense, nor did the court make any finding of fact or conclusion of law to the effect that there had been condonation (see Reynolds v. Reynolds, 34 How. Prac. 346; Doe v. Doe, 52…