5 Watts 351 (Pa. 1836), Schriber v. Rapp
| Date | Invalid date |
| Citation | 5 Watts 351,30 Am.Dec. 327 |
| Docket Number | . |
| Parties | Schriber v. Rapp. |
Page 351
An association by which each surrendered his property into one common stock for the mutual benefit of all, during their joint lives, with the right of survivorship, reserving to each the privilege to secede at any time during his life, is not prohibited by law. And that right of secession is not transmissible to the personal representative of a party to such agreement, so as to enable him to recover the property of his intestate, so put into the common stock.
A member of a religious society cannot avoid a contract with it on the basis of its peculiar faith, by setting up the supposed extravagance of its doctrines as proof that he was entrapped.
ERROR to the Common Pleas of Beaver county.
This was an action of account render by Jacob Schriber, administrator of Peter Schriber, deceased, against George Rapp, R. L. Baker, Frederick Eckensberger, John Schriber, Lewis Schriber, Adam Schriber and Daniel Schriber, doing business in company, under the name of the Harmony Society.
The plaintiff and defendants were members of an association called the " " Harmony Society," which existed first at Harmony, in Beaver county, Pennsylvania; next, at Harmony, on the Wabash, in the state of Indiana; and lastly, at Economy, in Beaver county.
To sustain the action, the plaintiff proved by the testimony of Dr. Smith, once a member of the association, that the said Peter Schriber joined the society in the year 1806, and had at that time (as Mr. Rapp told him), 1000 acres of land, in the state of Ohio, together with a large amount of personal property, viz.; six or eight head of horses, ten head of cattle, a great number of hogs, two wagons and other property. After Schriber had been in the society some time, there was an application to buy the land, and Rapp told the witness that Schriber had sold the same for $4.50 to $5 per acre. Schriber and his wife came with the money in their saddle-bags, and the money was there taken out. Witness heard George Rapp say that Schriber had brought $8000 in money. It was Schriber and Neff's money that enabled them to start manufactories and merchandise. At Harmony they had about 7000 acres of land, 1000 cleared; worth $5 per acre; cultivated it ten years. On the Wabash they owned 30,000 acres-- 2000 acres cleared; lived there about ten years--worth $5 per acre. Rapp told witness at Economy they had about 4000 acres, not far from 2500 acres cleared. At Harmony there was a woollen factory, two grist mills, oil mill, saw mill, two distilleries, brewery, store and tavern; $50,000 a year profit arising from the whole; first and second year statements were made, but as soon as we began to make money, it was quiet. On the Wabash we had steam grist mill, woollen and cotton factories, oil mill, two saw mills, two distilleries, brewery, one store, tavern, grist mill. After paying all expenses, $50,000 a year would not be too high an estimate of our profits.
At Economy we had steam grist mill, oil mill, saw mill, woollen and cotton factories, distillery, brewery, store, tavern, & c. Profits of all worth $75,000 a year. It was a community of property, a kind of patriarchal government, and apostles, as the articles of agreement state. They intended to make money when they entered into it; it was a part of their object. I believe there were articles at Harmony, but every one was not obliged to sign it. Equal rights, equal enjoyments and equal profits. Poor men were to enjoy the same privilege as the rich, and whenever a division took place, of course the wealthy man would get more than the one who had no property. Rapp said that, for instance, if any of the people should become dissatisfied and wanted to withdraw, they should be provided according to their merits, and the property their parents had put in. Rapp said it should not be incorporated, for that would take too much power from him. Rapp was not elected. He assumed the power that Moses and Aaron had. If any one would not do as he said, he would say, " What have you to do about it? I have the power--I could crush you. All you have to do is to obey." He got worse as he got wealthy. In 1833, property worth between $300,000 and $1,000,000. Witness entered the society at fifteen or sixteen years of age, in 1805, at Harmony. George Rapp was then a preacher. George and Frederick Rapp superintended the temporal affairs of the society. When Peter Schriber entered, he was a man of forty years, and had a wife and eight or nine children. Jacob was seventeen or eighteen years old. Three of them are in the society yet; the old man and woman are dead. Lewis, John, and a sister were older than Jacob. He continued in the society until his death, in June 1833.
Jacob Waggoner, among other things, testified that the profits of the woollen factory in one year were $45,000; of the cotton factory, $15,000 or $20,000. Profits of the distillery $10 per diem. Clear profits of the whole estate not less than $100,000 per annum.
Jacob Bentel testified, that the profits of the establishment, (exclusively of stocks) was from $90,000 to $100,000, annually.
Defendants, to sustain the issue on their part, produced in evidence the articles of association, dated 20th January 1821, also, articles of association, dated 9th March 1827. Deed from Schriber, prout dated the 26th of August 1826, and recorded the 13th of June 1833.
Adam Shelly testified on behalf of the plaintiff respecting the first articles of association on the Wabash. The people were directed to come in companies, one of them read it and the rest signed it. Some said they thought it was not right; others said Father Rapp would not do wrong. A member of the society had left them a little before and brought a suit; this was the reason of their signing. It would make the property more sure in Rapp's hands. As to the article signed at Economy, Rapp made a long speech. Said any one who would sign it, would have his name written in the Lamb's Book of Life. If they did not, their names would be blotted out, and God would ask him about it. The members were induced to sign the articles in consequence of what Rapp said.
Dr. Smith recalled, stated, that after Jacob Schriber left the society, it was rumored that he intended to bring a suit; that he heard Mr. Rapp tell some person to bring Mr. Schriber to him, and witness went into George Rapp's room and saw him, Frederick Rapp, and Peter Schriber. Saw him give the old man fruit; and heard him say to him, " Now you may go home; he cannot get at any thing." This was about Schriber's deed for the property.
Witness further testified, that every time there were any papers to be signed, Rapp prepared their minds for it a long time before. He made them believe their names would be recorded in the Book of Life, if they would sign it. He more than once said it would be an unjust God that would bring them to happiness without asking him. The doctrines he preached had an effect on Peter Schriber. He once heard Peter Schriber say, it would be only two years and a half till the Lord would come. I told him nobody knew it. He replied, " Why, yes! Did you not hear Father Rapp saying so?" He then said, " You have got far astray if you doubt Father Rapp's words." He said, he was sure he would live to see the Lord in person. He was skilful as a mechanic, but a very weakminded man. For seven years before his death, he had not capacity for business.
Philip Bentel testified, that he never heard of the deed while he lived in Economy. When they wished them to sign, George Rapp always made a long speech about it, that if they would sign, their names should be written in the Lamb's Book of Life. If they did not, their names would be stricken out, and they would go to hell; they would get nothing. At the time the articles were signed, he coaxed them very much. When I signed, he told me so sure as I signed, my name would be in the Lamb's Book of Life. Peter Schriber, as he got old became superstitious, and Rapp could do any thing with him.
The following deeds were given in evidence, by the defendants:
Deed--Peter Schriber to George Rapp.
Know all men by these presents, that I, Peter Schriber, of the town of Economy, in New Sewickly township, Beaver county, and state of Pennsylvania, as well for and in consideration of the maintenance, which I have, for several years past, received from George Rapp and his associates, known by the name and style of the Harmony Society, as also, for and in consideration of my future support and maintenance, for and during my natural life, and the further sum of five dollars to me in hand paid by the said society, the receipt whereof is hereby acknowledged, have given, granted, bargained and sold, and by these presents do give, grant, bargain and sell unto the said George Rapp and his associates, all the property, real, personal and mixed, which I brought with me when I became a member of said society, or at any time since may have put into their possession or keeping. To have and to hold to the said George Rapp and associates and their successors for ever, and further, I do hereby, for myself and my heirs, remise, release, and quit claim, and for ever discharge the said George Rapp and his associates, and each and every of them, of and from all manner of actions, causes of actions, suits, debts, dues, or sum of money, account, reckonings, damages, claim or demand whatsoever which, against the said George Rapp and his associates, and each and every of them I ever had, now have, or which I, my heirs, executors, or administrators hereafter shall or may have, for or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents.
In witness whereof, I have hereunto set my hand seal the 26th day of August 1826.
PETER SCHRIBER, [L. S.]
Signed, sealed and...
To continue reading
Request your trial