Daniels v. Coleman, No. 18959
Court | United States State Supreme Court of South Carolina |
Writing for the Court | MOSS; This case came on for trial before The Honorable Frank Eppes |
Citation | 253 S.C. 218,169 S.E.2d 593 |
Parties | J. D. DANIELS and Margaret R. Daniels, Respondents, v. Moseley C. COLEMAN, Appellant. |
Decision Date | 05 September 1969 |
Docket Number | No. 18959 |
Page 593
v.
Moseley C. COLEMAN, Appellant.
[253 S.C. 219] William E. Jenkinson, Kingstree, for appellant.
Connor & Connor, Kingstree, for respondents.
[253 S.C. 220] MOSS, Chief Justice:
This action was instituted by J. D. Daniels and Margaret R. Daniels, the respondents herein, against Moseley C. Coleman, the appellant herein, to recover actual and punitive damages on two causes of action, one based on fraud and deceit, and the other on trespass.
In the first cause of action, based on fraud and deceit, it is alleged that prior to
Page 594
April 19, 1965, an agreement was entered into by and between the respondents and the appellant, whereby they would execute a note in the amount of $20,000.00, secured by a mortgage on a certain tract of land containing 198 acres, in return for certain agreements on the part of the appellant which were to be reduced to writing and signed by him. It is then alleged that the respondents did, on April 19, 1965, sign the aforesaid note and mortgage with the understanding that delivery thereof was not to be made to the appellant until the agreements were signed by him. It is further alleged that on April 26, 1965, the appellant went to the office of the respondents' attorney, in his absence, and by false representations obtained the possession of the said note and mortgage without signing the agreements. It is further alleged that the appellant never had any intention of executing the agreements and his promise to do so was made solely for the purpose of inducing the respondents to execute the aforesaid note and mortgage, and because of this fraud and deceit on the part of the appellant, the respondents were induced to sign a note and mortgage which they would not have otherwise executed, thereby obligating themselves for the payment of the aforesaid sum of money and encumbering their property [253 S.C. 221] therefor. The complaint laso charges that the appellant has refused to return the note and mortgage and that as a result thereof they have been put to much trouble and expense in attempting to recover the same. It is also alleged that there was no valid delivery of the note and mortgage and they are void for this reason.In the second cause of action it is alleged that the respondents are the owners and in possession of a tract of land containing 107 acres and that on April 26, 1965 they specifically forbade the appellant to go upon said premises for any purpose. It is then alleged that on April 27, 1965, that the appellant, against the express direction of said respondents, went upon said premises, thereby committing a willful trespass and damaging the property rights of the respondents.
The answer of the appellant was a general denial of the charges of fraud and deceit and trespass. He further alleged that he had repeatedly offered to return to the attorney for the respondents the said note and mortgage referred to in the complaint but he refused to accept the return of same. The answer also tendered the return of the aforesaid documents to the respondents.
This case came on for trial before The Honorable Frank Eppes, Presiding Judge, and a jury, at the November 1967 Term of the Court of Common Pleas for Williamsburg County. The appellant made timely motions for a nonsuit and a directed verdict and such were refused. The jury returned the following verdict:
'We the Jury find the defendant guilty of trespass and fraud and declare the mortgage null and void and of no effect and actual and punitive damages to be--
Trespass--$5,000.00 Fraud--$17,000.00'
When the verdict above quoted was published, counsel for the appellant objected to the form thereof upon the ground that it was not responsive to the charge of the trial [253 S.C. 222] judge. After further instructions, which will be hereinafter referred to, the jury retired and returned the same verdict as that above quoted. The appellant duly made a motion for judgment Non obstante veredicto, or in the alternative, for a new trial. These motions were refused and this appeal followed.
It appears from the record that L. M. Rogers was indebted to the appellant in the amount of approximately $77,000.00, represented by his notes and mortgages. L. L. Rogers, the father of L. M. Rogers and of Margaret R. Daniels, had either endorsed or cosigned some of the aforesaid notes and was liable thereon to the extent of approximately $35,000.00. While this liability was outstanding and subsisting, L. L. Rogers, on October 26, 1964, conveyed his farm aggregating 198 acres to the respondents who were his son-in-law and
Page 595
daughter. The consideration for such conveyance was the sum of $5.00, love and affection, and subject to the lien on a mortgage held by Lake City Building and Loan Association on which there was a balance due of $32,000.00. The farm so conveyed, according to the testimony, was worth from $75,000.00 to $100,000.00.It is apparent from the record that a suit to set aside the aforesaid conveyance as a fraudulent one was threatened when the appellant discovered that L. L. Rogers had conveyed all of his property to the respondents. It was at this time that the parties to this action, each represented by counsel, commenced negotiations to settle the controversy existing between them so as to prevent the appellant from attempting to set aside the deed of L. L. Rogers to the respondents on the ground that such was a fraudulent conveyance. It was agreed that the respondents would execute a note to the appellant in the amount of $20,000.00, secured by a mortgage on the premises conveyed by L. L. Rogers to them. The appellant contends that the agreed that upon the execution of the aforesaid note and mortgage that he would release L. L. Rogers from his liability on the notes [253 S.C. 223] endorsed or cosigned by him for his son, L. M. Rogers. The respondents contend that in consideration of their executing a note and mortgage hereinbove referred to, that the appellant was to agree that the indebtedness of L. M. Rogers to him would bear interest from date at the rate of 5% Per annum, regardless of the interest rate set forth in any instrument evidencing his debt, and further that the appellant would release and discharge L. L. Rogers from any and all liability arising out of his endorsement or cosigning of notes on behalf of his son, L. M. Rogers. The respondents further contend that the appellant was to agree to 'take up' the indebtedness of L. M. Rogers to three of his other creditors, the amount thereof aggregating about $25,000.00.
The attorney for the appellant testified that he, with the appellant, went to the office of the attorney for the respondents early on the morning of April 26, 1965, concerning the settlement. He stated that the note and mortgage had been signed by the respondents and their attorney had also prepared a release for execution by the appellant. He was told that the appellant would not sign such release because 'this is not what we agreed on'; and thereupon he submitted a release that he had prepared. The attorney for the respondents looked it over and said, 'that was all right', and that he would take the mortgage to Kingstree that morning and have it recorded. The attorney for the appellant said that he would take his release and have it executed so that the transaction could be closed out. It appears from the testimony that later that morning the appellant checked the clerk of court's office in Kingstree and found that the mortgage had not been recorded. After learning this, the appellant returned to the...
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In re Commonwealth, Record No. 080282
...however erroneous it may have been, and is not like a writ of error or appeal, a remedy for erroneous decisions."160 Va. at 498, 169 S.E.2d at 593; see also Harrison v. Barksdale, 127 Va. 180, 188-89, 102 S.E. 789, 792 (1920). We restated this elemental precept in Richlands Medical Ass'n v.......
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Ravan v. Greenville County, No. 2052
...peaceable possession of his property. Stratos v. King, 282 S.C. 501, 504, 319 S.E.2d 356, 359 (Ct.App.1984); see Daniels v. Coleman, 253 S.C. 218, 229, 169 S.E.2d 593, 598 (1969); Lane v. Mims, 221 S.C. 236, 239, 70 S.E.2d 244, 245 (1952). They also correctly note that a nuisance is "anythi......
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Chavarria v. Fleetwood Retail Corp., No. 23,874.
...Moreover, Defendant has taken affirmative action to collect on the note, causing legal injury to Plaintiffs. Cf. Daniels v. Coleman, 253 S.C. 218, 169 S.E.2d 593, 597 (1969) (holding that there is no legal injury or damage where the evidence established that the appellant had not sought to ......
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Food Lion, Inc. v. Capital Cities/Abc, Inc., No. 6:92CV00592.
...as were the natural and proximate consequences of the fraud and such as can be clearly defined and ascertained." Daniels v. Coleman, 253 S.C. 218, 169 S.E.2d 593, 596 Furthermore, proximate cause must be shown before a party can recover damages under the UTPA. The UTPA requires a plaintiff,......
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In re Commonwealth, Record No. 080282
...however erroneous it may have been, and is not like a writ of error or appeal, a remedy for erroneous decisions."160 Va. at 498, 169 S.E.2d at 593; see also Harrison v. Barksdale, 127 Va. 180, 188-89, 102 S.E. 789, 792 (1920). We restated this elemental precept in Richlands Medical Ass'n v.......
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Ravan v. Greenville County, No. 2052
...peaceable possession of his property. Stratos v. King, 282 S.C. 501, 504, 319 S.E.2d 356, 359 (Ct.App.1984); see Daniels v. Coleman, 253 S.C. 218, 229, 169 S.E.2d 593, 598 (1969); Lane v. Mims, 221 S.C. 236, 239, 70 S.E.2d 244, 245 (1952). They also correctly note that a nuisance is "anythi......
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Chavarria v. Fleetwood Retail Corp., No. 23,874.
...Moreover, Defendant has taken affirmative action to collect on the note, causing legal injury to Plaintiffs. Cf. Daniels v. Coleman, 253 S.C. 218, 169 S.E.2d 593, 597 (1969) (holding that there is no legal injury or damage where the evidence established that the appellant had not sought to ......
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Food Lion, Inc. v. Capital Cities/Abc, Inc., No. 6:92CV00592.
...as were the natural and proximate consequences of the fraud and such as can be clearly defined and ascertained." Daniels v. Coleman, 253 S.C. 218, 169 S.E.2d 593, 596 Furthermore, proximate cause must be shown before a party can recover damages under the UTPA. The UTPA requires a plaintiff,......