Miller v. Minor Lumber Co.

• Decision Date: 22 December 1893
• Citation: 98 Mich. 163,57 N.W. 101
• Court: Michigan Supreme Court
• Parties: MILLER v. MINOR LUMBER CO. et al.

57 N.W. 101

98 Mich. 163

MILLER v. MINOR LUMBER CO. et al.

Supreme Court of Michigan

December 22, 1893

Appeal from circuit court, Alpena county, in chancery; William H Simpson, Judge.

Bill by Minerva A. Miller against the Minor Lumber Company and John Nicholson to cancel certain deeds. From a judgment for defendants, plaintiff appeals. Affirmed.

J. D Turnbull, for appellant.

Wm. E Depew and Frank Emerick, for appellees.

HOOKER C.J.

The complainant's husband, being in the employ of the Minor Lumber Company, embezzled about $10,000 of the employer's money. The fact that he was the embezzler of a small amount was accidentally discovered by a member of the company, and Miller admitted the fact, and confessed to other instances. The services of one O'Neil, a private detective, were secured, and Miller was kept in his custody. He was not arrested, and remained with O'Neil by consent but it was undoubtedly understood by all that he was not to be suffered to depart. Miller gave up over $4,000 of the money, which left a shortage of about $6,000. He then proposed to go to Battle Creek, and have his wife deed to the company a house and lot in Alpena, the title to which was in her. The deed was drawn, and he was permitted to go with O'Neil to Battle Creek, where they found complainant at the sanitarium, in bed, having just undergone a surgical operation. She reluctantly gave the deed. The parties differ as to what occurred there, but we are satisfied that, while no express promise was given by the defendants that Miller should not be prosecuted, it was so understood by her; and but for that understanding the deed would not have been given; and that, had not the deed been given, Miller would have been prosecuted. Subsequently complainant returned to her home in Alpena with the intention of surrendering the premises to the defendants, and opened negotiations with them for the sale of her furniture, which was in the house, in the course of which she said that she had been informed that she could have the deed set aside. The defendants finally agreed to purchase the furniture for $1,100, on condition that she would execute a quitclaim deed of the premises, which she was informed would cut off any right she might have in the same. She stated that she did not intend to try to get the property back, and signed the deed and bill of sale, and received $1,100 in cash from the defendants. This second deed was made in April, the first having been made in February. Up to this time Miller had not returned to Alpena but did so a short time after the second deed was given. Mrs. Miller remained in the house for a time, and then yielded the possession. It was subsequently discovered that Miller was guilty of still further embezzlements, for which he was arrested at the instance of the defendants. What occurred in relation to these proceedings is not very clear, but some correspondence passed between Mrs. Miller and Mr. Kelley as follows: "Alpena, October 4, 1887. Mrs. W. J. Miller-Dear Madam: I have succeeded in getting the paper you wanted signed by Mr. Maltz, but not in time to take same to the train this morning, as was understood by myself and A. N. S.; therefore I will retain same until he, A. N. S., returns, and then have it signed and delivered to you in accordance with our understanding. Yours, respectfully, R. J. Kelley." "As individuals or as members of the Minor Lumber Co., we will not pursue or press the prosecution instituted against W. J. Miller at Alpena, and will put nothing in his way to prevent him from earning an honest living. [Signed] George L. Maltz, A. N. Spratt. Dated October 3, 1887." It appears in...