Metcalf v. Tiffany

• Decision Date: 01 October 1895
• Citation: 106 Mich. 504,64 N.W. 479
• Court: Michigan Supreme Court
• Parties: METCALF v. TIFFANY.

64 N.W. 479

106 Mich. 504

METCALF v. TIFFANY.

Supreme Court of Michigan

October 1, 1895

Error to circuit court, Wayne county; George S. Hosmer, Judge.

Action by Ella Metcalf against Belle M. Tiffany for the alienation of the affections of plaintiff's husband. Judgment for plaintiff. Defendant brings error. Reversed.

McGrath C.J., dissenting.

Corliss, Andrus & Leete (Edwin F. Conely, of counsel), for appellant.

Wilcox & Whelan (Henry M. Duffield, of counsel), for appellee.

GRANT J.

The plaintiff recovered verdict and judgment for the alienation of her husband's affections. The declaration contains two counts. The first count charges that while the plaintiff was living happily with her husband, enjoying his affections support, protection, and respect, the defendant unlawfully willfully, wickedly, and maliciously gained the affection of her husband, and sought to persuade and entice him, by offers of money and a comfortable home and other alluring promises, to leave her without support and drive her from her home in the city of Detroit; that at various times between the 26th day of September, 1888, and the 17th day of September, 1891, by letters and otherwise, and by arts and wiles, the defendant continued her unlawful inducements by offers of money to him, and finally, on the 17th day of September, 1891, succeeded in willfully, unlawfully, and maliciously enticing him to desert plaintiff and drive her from his home and leave her without means of support and alone, and to remain and live with the said defendant in her house in the city of Detroit, at which place she has ever since detained and harbored him. The second count is more general in its statements, and it is unnecessary to notice it. Plaintiff and her husband were married in December, 1888, she being 23 years old, and he 24. Mrs. Tiffany was a widow 42 years old, with one child, a daughter, then about 13 years of age. Her husband was a physician, and, after his death, she continued to reside in the house (754 Fort street) in which her husband had had an office. Mr. Metcalf had graduated from the medical department of the university, and in July, 1888, applied to Mrs. Tiffany, to whom he was then unknown, for the office which he rented. In September following, he commenced boarding with her. After the marriage, plaintiff and her husband boarded with Mrs. Tiffany for about four months. During this time they occupied the second story of the house, and Mrs. Tiffany and her daughter occupied the ground floor. The doctor's office was in the wing. Mrs. Tiffany did her own housework, having no servant. Mrs. Tiffany, being in poor health, gave up housekeeping, whereupon plaintiff and her husband took the lower floor and kept house, and Mrs. Tiffany and her daughter the second floor, and they for a while took their meals at another place. Mrs. Metcalf also did her own housework, having no servant. Plaintiff and her husband became estranged, and on September 17, 1891, executed articles of separation, in which it was recited that certain differences and difficulties had arisen between them of such magnitude that both recognized the fact that they could no longer live together as husband and wife. He agreed to give her the sum of $2,000 in cash and certain articles of household property, to be mutually agreed upon, in consideration whereof she agreed to release and discharge him from any and all obligations to support and maintain her during her natural life, and she further agreeing to release and surrender any right she might have in any property owned by him. This agreement was carried out, and the money paid to her. Some time afterwards, but when the record does not show, plaintiff instituted this suit.

There is no evidence to sustain the most damaging allegations in the declaration. It is not shown that defendant ever wrote Mr. Metcalf, a letter of any kind, that she ever offered him a home or money, or induced him to leave the plaintiff, or that she ever detained and harbored him against plaintiff's will, or that she ever spoke disparagingly of her to him. There is no testimony or pretense that any criminal relations existed between her husband and defendant. Plaintiff testified that, not long after their marriage, she once saw her husband kiss the defendant, but it was not shown that the act was invited or even reciprocated by her. Mrs Tiffany testified that Dr. Metcalf immediately apologized for the act, and this is not denied. Once her husband was very sick with inflammation of the bowels, so sick that he could not help himself, and Mrs. Tiffany and plaintiff took care of him. Fresh poultices were required to be applied every 15 minutes. One evening the plaintiff lay down in an adjoining room, to rest till 12 o'clock, leaving Mrs. Tiffany to take care of her husband. It was understood what the treatment was, and it did not seem to occur then to the plaintiff that there was any indelicacy or impropriety in leaving Mrs. Tiffany to attend her husband, with herself in the adjoining room, and the door open. Plaintiff testified that by that time she had become jealous, that she got up about 12 o'clock from the lounge, went into the room, and that Mrs. Tiffany was lying upon the bed. They were not talking, and she saw no demonstration of anything improper, except that she was lying upon the bed. This Mrs. Tiffany strenuously denied, and testified that she was sitting in a chair by the bed. Mrs. Metcalf went to bed the next day, and, without protest or objection, left Mrs. Tiffany to take care of her husband. These are the only acts of impropriety which plaintiff noticed during the time that they lived together, although she was constantly on the watch for them. Plaintiff testified that from the summer of 1889 until September, 1891, she never saw anything wrong between them. Her state of mind will appear from the following portion of her testimony: "From a month after I was married to the present time, I had suspicion that there was something wrong between them. It has been ever present in my mind. *** In all my watchings, all that I have seen was the time when Mrs. Tiffany was carrying a pitcher of water, and the time when I saw her on the bed with the doctor when he was sick. I did not see her kiss him then." They were on friendly terms during all this time, Mrs. Tiffany visiting plaintiff's friends, and they went to the opera house and other places together. No ill will was shown to exist on the part of the defendant towards plaintiff. Two other witnesses testified to two other instances where each said he saw Dr. Metcalf and the defendant kiss each other. These were unknown to her till some time after...