Glenn v. Haynes, 3792

• Decision Date: 05 September 1951
• Docket Number: No. 3792,3792
• Citation: 66 S.E.2d 509,26 A.L.R.2d 1334,192 Va. 574
• Parties: , 26 A.L.R.2d 1334 ARA C. GLENN v. EDWARD T. HAYNES. Record
• Court: Virginia Supreme Court

Page 509

66 S.E.2d 509

192 Va. 574, 26 A.L.R.2d 1334

ARA C. GLENN v. EDWARD T. HAYNES.

Record No. 3792.

Supreme Court of Appeals of Virginia

September 5, 1951.

Thomas A. Williams, Thomas A. Williams, Jr., and A. T. Ellwanger, Jr., for the plaintiff in error.

John A. Cutchins and George E. Allen, for the defendant in error.

JUDGE: SPRATLEY

SPRATLEY, J., delivered the opinion of the court.

This action in detinue was instituted in December, 1949, by Ara C. Glenn against Edward T. Haynes, defendant, for the recovery of certain goods and chattels consisting of jewelry of the alleged value of $29,765. The declaration consisted of two counts alleging the ordinary essentials to maintain the action. The defendant filed a plea of non detinet.

A jury was duly empanelled, and after the evidence of the parties had been concluded, the defendant moved to strike the plaintiff's evidence upon the ground that it was insufficient to support a verdict, if one should be returned in favor of the plaintiff. The motion was sustained and the jury returned a verdict for the defendant. The plaintiff duly excepted and thereafter obtained this writ of error.

The case arose as follows: Mrs. Glenn had been named as executrix in the last will and testament of her deceased husband, Ernest D. Glenn. Not desiring the appointment, she requested the defendant, Edward T. Haynes, an attorney at law, to qualify in her place and stead. Haynes agreed and, consequently, on February 11, 1947, the following contract, prepared by the defendant, was entered into between the parties:

'WITNESSETH, that for and in consideration of the sum of $500.00 this day paid the said Edward T. Haynes, Attorney, the said Edward T. Haynes, Attorney, hereby agrees to accept employment representing as attorney and legal advisor and to qualify as executor, c.t.a. of the Estate of Earnest D. Glenn, deceased, in the Circuit Court of Chesterfield County.

'It is further agreed that the said Edward T. Haynes, Attorney, party of the second part, agrees to advise the said party of the first part in any and all capacities relative toi the estate of the said Earnest D. Glenn and to make a full and complete investigation relative to certain insurance policies and all matters pertaining to a certain business transaction in the City of Waynesboro, Virginia, and that expenses in connection with the same are to be paid out of this fee, and to represent and fully protect the interests of the said party of the first part in this respect.

'It is further agreed that the said Edward T. Haynes, Attorney, party of the second part waives the right to any commissions in the settlement of this estate and agrees to pay the premium necessary for the posting of the required bond in the Circuit Court of Chesterfield County and that the said Edward T. Haynes will do all other detail work and furnish legal advice to the said party of the first part.'

The $500 consideration was paid by Mrs. Glenn out of her personal funds as evidenced by her bank check of even date.

On June 18, 1948, Mrs. Glenn was committed to the Eastern State Hospital at Williamsburg, Virginia, as not of sound mind. She was discharged from that hospital as 'not insane' on September 19, 1948.

On August 27, 1948, while an inmate of the hospital, she wrote Haynes, reciting the payment of the $500 to him for his services in her behalf, and requested that he expedite her release, and in the meantime take care of some of her personal business affairs. Haynes replied on August 30, 1948, and after informing her of steps taken by him in her behalf, said in part:

'I fully realize that someone should be appointed to administer your affairs, and of course you might give me a power of attorney which will enable me to do these things, while I am not anxious to do that. But I will do whatever I can without putting myself personally in a position of being responsible for your future acts.

'I have been very busy and I do not know whether or not I can get down to Williamsburg in the next few days but I will see what can be done within the next ten to fifteen days, and if I can do so I will get down to Williamsburg to talk to Dr. Jones and at the same time talk with you and see what I can arrange. In the meantime if you can prepare and send me a power of attorney authorizing me to go over to your home and see what conditions are there, it may be that that will give me sufficient authority to assist you in working out some of your affairs, but as stated in your letter I will not be able to do anything in three days. As a matter of fact three days from the date of your letter has already passed.

'I will write Dr. Jones a letter and send him a copy of this correspondence and we will try to work out something within a reasonable time.'

During the detention of Mrs. Glenn at the hospital from June 18th, to September 19th, a sister of the plaintiff, Mrs. W. S. Pedigo of Covington, Virginia, had taken into her possession the jewelry of Mrs. Glenn. Immediately upon her release on September 19th, the plaintiff requested Haynes to write Mrs. Pedigo and demand the delivery of the jewelry. On September 21, 1948, Haynes wrote Mrs. Pedigo the following letter:

Reversed and remanded.

'Dear Mrs. Pedigo:

'Mrs. Ara C. Glenn has requested me to write you and ask that you return to her home certain articles of jewelry and silverware which you now have in your possession. She has now returned to her home and would like to have these articles returned at once.

'I will appreciate it if you will give this matter your prompt attention and arrange to return such items as you might have at your earliest convenience.'

On October 7th, Mrs. Pedigo delivered the jewelry to the defendant at his office in Richmond, Virginia. Mrs. Pedigo explained that she did not take the jewelry to her sister's home as requested, but brought it to the defendant's office, as she wished to have a witness to its delivery. She requested Haynes to take her out to Mrs. Glenn's home to deliver it. Haynes said he was too busy to go out that day but would make the delivery to Mrs. Glenn within a few days. The secretary of the defendant then made a list of the jewelry, describing each item. This the defendant signed in the name of 'Edward T. Haynes, Attorney for Mrs. E. D. Glenn,' and gave it to Mrs. Pedigo as a receipt.

On October 22nd, Mrs. Glenn wrote Haynes a letter about some personal matters, in which she said: 'I do think you should have gotten my jewelry all back from Covington, Virginia.' Haynes replied by letter on October 25th, and, after answering certain questions, said: 'For your information the jewelry has been placed in my safekeeping and will be turned over to you at such time as I think you are in a position to receive it and properly care for it. While it is in my possession, I know it will not get into anybody's hands who will dispose of it.'

On Sunday, November 7, 1948, Haynes went with the sheriff of Chesterfield county, Virginia, to the home of Mrs. Glenn, where she was taken in custody on a charge of insanity. Accompanied by the sheriff and Haynes, she was carried to-Chesterfield Court House. A lunacy commission was there held, plaintiff was discharged, and the sheriff took her back to her home.

Haynes testified that within the week of October 7, 1948, he went with several other persons to Mrs. Glenn's home with the express purpose of delivering the jewelry to her. He said he went again sometime in November. He declared that he felt it unwise to make delivery on those occasions because of Mrs. Glenn's condition. He took the jewelry back to his home and placed it in his iron safe along with his own money and valuables.

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