Caseldine v. Johnson

115 P.2d 627, 45 N.M. 406
CourtNew Mexico Supreme Court
DecidedJuly 10, 1941
DocketNo. 4578
StatusPublished

This text of 115 P.2d 627 (Caseldine v. Johnson) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caseldine v. Johnson, 115 P.2d 627, 45 N.M. 406 (N.M. 1941).

Opinions

BICKLEY, Justice.

Bessie Caseldine, the appellant, a resident of Missouri, on September 12, 1939, filed her claim against the estate of Nancy A. Goldsworthy, deceased, pending in the District Court.

The claim consists of nine separate and distinct items as appears in the court’s findings and conclusions quoted post. Items numbered 1 to 6 and number 8 are for personal services rendered by claimant to the deceased in Missouri during a period of time from July 1, 1917 to an unnamed date in July, 1930. Item No. 7 is for maintaining and caring for the grave of the husband of Mrs. Goldsworthy from 1923 to 1938 in the sum of $50. Item No. 9 is for money expended and advanced for Nancy A. Goldsworthy for postage from October, 1923 to May 31, 1938, amounting to $9.60.

The executor, the appellee, filed written objections to said claim and each and every item thereof as follows: “* * * (1) that each and every item of the claim was barred by the Statute of Limitations of the State of Missouri and also of the State of New Mexico; (2) that the claim was not corroborated by any promise in writing to pay the same by the deceased, and (3) that the said claim was wholly void and without force and effect, and was not a binding obligation of the Estate of the deceased, and should be denied.”

The case was tried by the court, without a jury. The claimant offered in évidence the testimony of five witnesses, all by depositions. No testimony was offered by the Executor in resistance to the claim.

The court took the case under advisement and on December 27, 1939, rendered its notice of decision as follows:

“After considerable wrestling with the briefs and authorities, I have reached the conclusion that as the indebtedness was not contracted in New Mexico and did not accrue herein, that it is barred by our Statute of Limitations except .for the letter written by Mrs. Goldsworthy and attached to the deposition. Both of these questions were very close.
“An examination of the deposition does not disclose that any specific ámount was agreed upon for board and nursing, so that the recovery thereon will have to be on quantum meruit. Additional proof will have to be offered as to the reasonableness of the claim. The claim for storage, caring for the grave, and postage will be disallowed on account of lack of corroboration. I will give the claimant an opportunity to take additional depositions on the reasonable value of the nursing services and board and room.”

The question of reasonableness of the claim was met by a stipulation of the parties to the effect that if the services' were rendered as set out in Items 1, 2, 3, 4, 5, and 8, the demands therefor are reasonable. In view of the record, we conclude that Item No. 6 presented a claim reasonable in amount, being less than a dollar a month for the services alleged to have been rendered.

On March 20, 1940, the court filed a memorandum opinion in which it withdrew the former memorandum notice of decision heretofore quoted. In this second decision, the court’s principal if not the sole reason for reversal of its former holding was that a letter written by Mrs. Golds-worthy to claimant in 1936, which concluded with the words: “I will pay you soon.”, did not, as the court had originally thought, serve to revive the indebtedness, the -court saying: “There are many items in the claim and the letter is, in my opinion, too indefinite upon which to base a revival or written acknowledgment of the indebtedness.”

The same day the cpurt made its findings of fact and conclusions of law, the material portions of which are as follows:

“1. That decedent was a resident of New Mexico for approximately three months prior to the time of her death and had never been a resident of this State at any other time.
“2. That the claims for board on the items barred by limitations in support thereof are indefinite and rather unsatisfactory, while the items within the six year period are intermingled with the old items and the unbarred part can not from the testimony be segregated.
“3. That the decedent was never a member of claimant’s family.
“4. That the decedent was a resident of the State of Missouri at the time the services were performed by claimant, other than postage and storage charges incurred after decedent’s removal from the State of Missouri in 1923. From 1923 until 'decedent’s removal to New Mexico, a short time prior to her death, she was a resident of the State of California.
“5. That the letter attached to the depositions and received in evidence was written by decedent on June 29, 1936.
“6. That the executor has submitted no evidence to show that the claim as submitted by the claimant, is not the indebtedness mentioned by decedent in her said letter.
“7. That the claim herein consists of nine separate and distinct items as follows :
1. Nursing and boarding the said Nancy A. Goldsworthy from July 1, 1917 to January 1, 1918. 6 months at $40 per month.... $240.00
2. Boarding said Nancy A. Golds-worthy for the months of February, March, April, May and June 1918. 5 months at $30 per month.................. 150.00
3. Boarding said Nancy A. Golds-worthy for the months of April, May, June, July and August 1919. 5 months at $30 a month ................... 150.00
4. Boarding said Nancy A. Golds-worthy for the months of March, April, May hnd June 1920. 4 months at $30 a month 120.00
5. Boarding said Nancy A. Golds-worthy for the months of September, ■ October, November and December 1921. 4 months at $30 a month.............. 120.00
6. Storage and handling of trunks of the said Nancy A. Golds-worthy and storage and handling of other household goods for her for five years, 1918 to 1923 ....................... 50.00
7. Maintaining, decorating and caring for her husband’s grave and her lot from 1923 to 1938, inclusive, which required the claimant to drive a distance of 25 miles to perform said services ....................... 50.00
Amount Brought Forward.......$880.00
8. Boarding said Nancy A. Golds-worthy for two weeks in 1923 and for two days in July 1930 16.00
9. Money expended and advanced for the said Nancy A. Golds-worthy for postage to mail the Braymer Bee, a weekly newspaper of Braymer, Missouri, from October 1923 to May 31, 1938................ 9.60
$905.60
“8. That the only reference in the letter of June 29, 1936 is that part reading ‘will pay you soon.’

Conclusions of Law

“Based upon the foregoing findings of fact, I malee the following conclusions of law:

“1.

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115 P.2d 627, 45 N.M. 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caseldine-v-johnson-nm-1941.