Richards v. Lorleberg
| Decision Date | 19 August 1935 |
| Docket Number | No. 6361.,6361. |
| Citation | 79 F.2d 413,65 App. DC 57 |
| Parties | RICHARDS v. LORLEBERG. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
William C. Sullivan and Andrew M. Hood, both of Washington, D. C., for appellant.
Jean M. Boardman of Washington, D. C., for appellee.
Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.
An appeal from a judgment for the plaintiff in an action for damages for the alleged alienation of the affections of the plaintiff's husband.
The plaintiff, Nancye M. Lorleberg, in her declaration among other things alleged that on November 3, 1907, she was lawfully married to Richard Lorleberg and since that date has continued to be his lawful wife; that at all times prior to the wrongful acts of the defendant, plaintiff and her husband lived happily together; that defendant, wrongfully and maliciously intending to deprive plaintiff of the affections and consortium of her husband, on divers occasions between January 1, 1928, and December 9, 1932, did take undue interest in the personal and professional affairs of plaintiff's husband, and sought his society and companionship and enticed him from the society and companionship of the plaintiff, and entertained him in her home and elsewhere and bestowed upon him valuable gifts, and on December 3, 1932, and on the 7th, 8th, and 9th days of that month, at her home in the city of Washington did debauch and carnally know plaintiff's husband, and by such acts did alienate and destroy the affections of her husband toward plaintiff and caused them to become separated; and that by reason of defendant's wrongful acts the plaintiff's home was destroyed, and she suffered much distress of body and mind to her great injury, for which she prayed damages in the sum of $100,000.
The defendant for her plea among other things denied that she had contrived or intended to deprive defendant of the affections and consortium of her husband, or taken an undue interest in his personal and professional affairs, or sought his society and companionship, or enticed him from the society and companionship of the plaintiff, or entertained him in her home or elsewhere, or bestowed upon him valuable gifts in order to induce him to transfer his affections and society from the plaintiff to the defendant, or at any time or place did debauch and carnally know plaintiff's husband, or did cause the plaintiff and her husband to become separated whereby plaintiff was deprived of the affections and consortium of her husband.
The case was tried on evidence to the jury; a verdict for $30,000 was returned in favor of the plaintiff which, however, was reduced by remittitur to $18,000. Judgment was entered thereon against the defendant, and the present appeal was then taken.
It is contended on behalf of the appellant that at the close of the testimony the trial court should have directed a verdict for the defendant. We think, however, that the evidence introduced on behalf of the plaintiff required the court to submit the case to the jury, and moreover that the evidence furnishes a sufficient basis for the verdict returned by the jury.
The testimony tends to show that the plaintiff, who was 48 years of age at the time of the trial, was married to Richard Lorleberg in 1907. Lorleberg was a leading musician, giving lessons upon the cello and playing in orchestras and concerts. In past years he is said to have had an income of $5,000 to $10,000 per year. During their married life he was kind and affectionate to his wife and they lived happily together until in February, 1928, he started giving music lessons to the defendant, and defendant began to telephone to him daily for a period of several years. In the early part of 1929 Lorleberg bought an automobile and defendant furnished $150 for the first payment upon it, and then wrote a letter to the plaintiff in which she said she had given Lorleberg the money to make the initial payment on the car and that if plaintiff thought anything of herself she would not ride in a car that another woman had bought. In the spring or summer of 1930, while plaintiff and her husband were visiting in the home of Dr. and Mrs. Chandler, a discussion arose about the defendant, and Dr. Chandler expressed a desire to see her, whereupon Lorleberg telephoned to defendant, and he and Dr. Chandler went to her home and she came back with them. In August, 1930, the defendant invited Lorleberg and his wife to visit with her at her cottage at Rehobeth Beach, and plaintiff and her husband made such a visit in answer to the invitation. The defendant drove them to the beach in her car and upon the drive repeatedly patted Lorleberg on his face with her hand. In the conversation then occurring defendant remarked that her husband said she looked better without any clothes on and Lorleberg agreed. On the ferry they had breakfast and defendant gave Lorleberg her pocketbook out of which he paid the bill. Later the plaintiff asked for an explanation of this and Lorleberg said he was welcome to anything the defendant had. While at the beach the defendant told the plaintiff that her own husband had helped her select her cottage but that she wished he had fallen off the ferry and been drowned. On another occasion the defendant warned the plaintiff not to be too sure that no one could take her husband away from her. While at the beach the defendant appeared in the presence of Lorleberg every day clad in a silk dress with nothing under it and with no stockings, and at times sat in such a way as to display the private portions of her body. On one occasion while they were playing cards, the defendant put her foot in Lorleberg's lap under the card table. On the same occasion defendant asked the plaintiff why she didn't take a trip around the world. The plaintiff replied that her husband would not let her take such a trip alone, and Lorleberg told her to go ahead and see whether he would. The plaintiff then retired to her bedroom and cried. Lorleberg followed her and pushed her into a cupboard and closed the door so that the defendant could not hear her crying. The plaintiff told her husband that the defendant was in love with him and that she would remain no longer. Lorleberg said that he thought defendant was in love with him but that he was not interested. On the following day they left the beach. Thereafter the plaintiff sought to dissuade Lorleberg from continuing to give music lessons to defendant, but he insisted upon doing so, and the defendant continued to telephone him every morning. After their return from Rehobeth, Lorleberg was very unkind to the plaintiff and told her that she could not appreciate his art like the defendant did, and they frequently had arguments during which he called her a damned bastard, a bitch, a devil, and a damned deaf thing no man could live with. In the fall of 1930 the defendant and Lorleberg attended a concert together and left together. On one occasion the defendant told Mrs. Alice Darton that she gave Lorleberg concert tickets because if she did not do so he could not go, and she also told her that Lorleberg was a great artist and it was a pity he did not have a fine environment and a wife who could entertain for him and give him a background; that if he had that he would be a great man. On or about the 1st of February, 1931, the plaintiff and her husband attended a ball. When they arrived Lorleberg said that the defendant wanted them to sit in her box, and when plaintiff refused to do so because she had not been invited Lorleberg threatened to go home and did leave the room. A friend brought him back and they sat in the defendant's box. About a week after this Lorleberg and plaintiff separated and she went out of town. Later plaintiff returned to Lorleberg upon his promise not to give the defendant any more lessons and not to go to her house. On May 15, 1931, the defendant told Mrs. Darton that Lorleberg came to her house every night for a drink after playing at the Shoreham. Afterwards Lorleberg was at the home of the defendant, and there in the presence of the defendant he told Mrs. Darton that he did not amount to anything in his home and that he was treated like a dog.
One of the plaintiff's witnesses testified that upon one occasion she was present when Lorleberg came home intoxicated and called his wife many vile names and said no one would want to be bothered with her. He told her the defendant said that his wife did not understand him as an artist like the defendant did, and that his wife was nothing but a slave driver and treated him like a dog.
Another witness testified that she heard many quarrels between plaintiff and her husband; that he used to tell plaintiff the things defendant said she should do. He said that any time plaintiff did not want him he could always get defendant; that defendant had offered to buy him a $135,000 home; that at any time he wanted the defendant would buy this home; that he just had to say the word; that witness heard plaintiff's husband call her bad names on many occasions; heard him tell plaintiff that defendant was the only one who appreciated him and would do anything for him.
It was testified by another witness that plaintiff and her husband showed him a map of a ship sailing to Bermuda and plaintiff's husband said that defendant wanted to take him on the trip and that defendant drew on the map where her room would be and his room would be and that they were connecting rooms; that he alone was invited to make the trip; that plaintiff's husband said that the defendant said that plaintiff could not satisfy him sexually; that he had some one to take care of him and let him have a life of luxury and buy him a house; and that this some one was the defendant.
In May, 1931, plaintiff told her husband that the defendant was breaking up their home and that he would have to choose between them, and...
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Albert v. McGrath, 14894.
...thereof and the public policy of the State as hereby declared." 2 Dodge v. Rush, 1906, 28 App.D.C. 149; and see Richards v. Lorleberg, 65 App. D.C. 57, 79 F.2d 413, certiorari denied 1935, 296 U.S. 642, 56 S.Ct. 178, 80 L. Ed. 456; Trenerry v. Fravel, 1926, 56 App.D.C. 146, 10 F.2d 3 Dodge ......