Stokes v. Anderson
| Decision Date | 07 May 1889 |
| Docket Number | 12,704 |
| Citation | 21 N.E. 331,118 Ind. 533 |
| Parties | Stokes v. Anderson et al |
| Court | Indiana Supreme Court |
From the St. Joseph Circuit Court.
The judgment is reversed, with costs.
W. G George, A. C. Harris, W. H. Calkins and J. H. Baker, for appellant.
A Anderson and L. Hubbard, for appellees.
Berkshire J. Mitchell, J., took no part in the decision of this case.
The complaint alleges that the appellant is now, and was on the 6th day of March, 1885, the owner of certain lots in the city of South Bend, and of certain real estate, all in St. Joseph county, State of Indiana, and of the south one-third of lot 114 in the town of Goshen, county of Elkhart, State of Indiana, all of the value of $ 9,000, subject to existing encumbrances, and is not, and was not, the owner of any other real estate. On the 6th day of March, 1885, and for twenty-four years theretofore, he was the husband of the appellee Susan M. Stokes, and still is her husband; that he and his said wife had lived together amicably from the time of their marriage until the said date named, that he knew of no unkind feeling existing between them, and knows of none at this time. At that date she was the owner of real estate in said county of St. Joseph of the value of $ 10,000; that his real estate was encumbered to the amount of about $ 12,500, and hers to the amount of $ 2,700, which was to secure his debt. On the 5th day of March, 1885, the appellant's said wife, with his consent, left their home to spend the day with her aunt, intending to return about 5 o'clock in the evening; that within about four hours after her departure, the appellee Anderson came to the residence of the appellant and informed him that his wife would not return, and intended immediately to apply for a divorce, and that unless he at once made a settlement with said Anderson in behalf of his said wife he should be ruined financially; that said Anderson is the uncle of the appellant's said wife, and has great and undue influence over her, and possessed such influence at the time of said conversation with the appellant; and being ignorant of any grievance on the part of his said wife, appellant has endeavored to communicate with her for the purpose of ascertaining the cause of her abandonment of her home, but has been refused admission to the house of Mrs. Mary Harris, where she is stopping, all of which is the result of the wrongful interference and undue influence of said Anderson. On the said 5th day of March, 1885, having made the statements and threats as stated, and having been the confidential adviser of the appellant, and in whom he had full confidence, the said Anderson caused appellant to accompany him to his law office in said city of South Bend (he being then and now a prominent attorney in said city), and insisted that a divorce must be procured for appellant's wife, and that property arrangements must be made for her benefit; that at said office appellant met the appellee Hubbard, who had been summoned by the said Anderson, and who, appellant was induced to believe, would act as his attorney; that the said Anderson had at that time great influence over the appellant, and said Hubbard was known to him as a prominent attorney of said city; that at that time, and for some days theretofore, the said Hubbard was and had been acting as the attorney of the appellant's said wife in conjunction with the said Anderson, under an employment from him, all of which was unknown to the appellant; that, relying upon the representations of the said Anderson, and being in ignorance of the practice and rules of law, he, on the 6th day of March, 1885, signed and delivered to said Anderson, in escrow, his promissory note for $ 9,000, without consideration, to be held in anticipation of the granting of a divorce between the appellant and his said wife in an action for divorce which the said Anderson was to cause to be instituted in her name, not as the result of any arrangement between the appellant and his wife, but which said Anderson demanded in her name, professing to act as her attorney; that no opportunity was given the appellant to take counsel as to his legal rights (of which he was wholly ignorant), the said Anderson insisting that matters must be closed up immediately, and demanded that a deed be made by the appellant conveying, in trust for his said wife's benefit, to the appellees Hubbard and Matthews, all of his real estate, and threatened his financial ruin if his (Anderson's) wishes were not complied with; and being unable to consult with counsel, and shocked and dazed by the announcement that had been made to him by said Anderson, that his wife would never return, he did agree, under his command and direction, to execute a deed conveying all of his real estate to the appellees Hubbard and Matthews in trust for his said wife; that his said wife was not present when he signed the said deed; that it was understood that said note and deed should remain in escrow until the next day, when the appellant could further examine the same, and, if not all right, that the proper corrections might be made; that at the same time the said Anderson caused the appellant to execute a bill of sale of all of his household property to his said wife, which was made without consideration, and was not delivered, but with said deed and note was left with said Anderson as an escrow, for future examination and ratification by the appellant; that afterwards said Anderson obtained the signature of the appellant's said wife to said deed, and thereafter, without her consent, or his, or that of the appellees Matthews and Hubbard, caused the said deed to be recorded.
The action was put at issue by an answer in denial and submitted to the court for trial, and during the trial the court, in its discretion, permitted the appellees to file a second paragraph of answer, to which the appellant replied in general denial, and the trial proceeded. At the conclusion of the evidence, the court made its finding for the appellees, after which the appellant filed his motion for a new trial, which was overruled by the court and the proper exceptions reserved, and the court rendered judgment for the appellees.
There is but one error assigned, and that is, that the court erred in overruling the motion for a new trial.
After looking into the evidence, as we find it in the record, we summarize the facts, except short quotations, which we copy from the testimony of one or two witnesses:
The appellant and his wife, Susan M. Stokes, who appears as one of the appellees, are now, and had been for twenty-four years immediately preceding March 5th, 1885, husband and wife, and on that day, to all outward appearances, were living together contentedly in the city of South Bend, State of Indiana. At that time Mrs. Stokes had an uncle, a prominent lawyer, residing in said city, Andrew Anderson by name, and who is one of the appellees to this action. Mrs. Stokes also had at the same time an aunt, Mrs. Mary Harris by name, residing in said city, and who had at one time occupied the relation of step-mother to her, her father having died theretofore. Mr. Anderson and Mrs. Harris were brother and sister. On the 4th day of March, 1885, Anderson and Mrs. Harris met at her residence and held a conference as to the domestic affairs of Mrs. Stokes and her husband, and to consider of her welfare; all of which was voluntary on their part and unknown to Mrs. Stokes. As the result of the conference, the conclusion was reached to hold an interview with Mrs. Stokes and then determine as to the future. It was agreed that Mrs. Harris should visit Mrs. Stokes at her home on that afternoon and invite her to her (Mrs. Harris') house for dinner the next day; that Anderson should be sent for and Mrs. Stokes' domestic affairs considered further. Pursuant to the arrangement, Mrs. Harris called and spent the afternoon with Mrs. Stokes, and invited her to dine with her (Mrs. Harris) on the next day. At the breakfast table the next morning all was pleasant between Mrs. Stokes and her husband, and she mentioned the invitation she had received from her aunt and asked her husband if she should accept it; he insisted on her doing so, and left home with that understanding, she informing him that she would return by five or half-past that evening, and when she left home intended to do so. Not only had there been no misunderstanding between them that morning, but on the witness-stand Mrs. Stokes was unable to state when there had been a disturbance, and stated that they had not quarrelled in five years; that they never quarrelled.
Mrs. Stokes had hardly arrived at the residence of Mrs. Harris until Mr. Anderson was sent for, and soon after dinner he came. Soon after his arrival he made his mission known to Mrs. Stokes, and began to tell her of her many grievances because of the misconduct of her husband. He talked of the kind of life her husband was leading, and filled her mind and heart full of stories of his unfaithfulness. Reports of escapades of her husband with one Mary Reed, to New York, Niagara Falls and elsewhere, were graphically pictured, and although the many shortcomings of her husband, as related to Mrs. Stokes on that occasion, were communicated as well ascertained facts, it turned out upon the trial that all the information that Mr. Anderson had or possessed came to him as rumors floating around in the air.
As the result of the interview, the now discontented and unhappy wife made up her mind not to return to her home and to the bosom of her husband with whom she had lived for twenty-four years, but to at once apply for a divorce, and then and there employed Mr. Anderson as her attorney, giving to him full authority in the premises....
To continue reading
Request your trial