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ST ATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION DOCKET NO. CV-16-189/
GARY CURTIS,
Plaintiff
V. JUDGMENT
MEGAN STOVER,
Defendant
Jury-waived trial was held on December 4, 2018. Both parties appeared and were
represented by counsel.
In his amended complaint, plaintiff alleges four causes of action: in count I, unjust
enrichment; in count II, conversion; in count III, money had and received; and in count IV, fraud,
misrepresentation, and deceit. At the close of plaintiff's evidence, defendant moved for judgment
as a matter of law on all counts . M.R. Civ . P. 50(d). The court granted the motion on count IV,
fraud, misrepresentation, and deceit. The court took the motion under advisement on the remaining
three counts. For the following reasons, judgment as a matter of law is entered on counts I, II, and
III in favor of defendant.
FACTS
Defendant was married to Dominique Stover in June 2008. They had three children, who
are now eleven, seven, and five years old. In 2010, they bought a home in South Portland. They
sold that house on August 17, 2012 and bought a four-unit home in Westbrook on the same date.
(Exs. 4-5.) Defendant was a stay-at-home mother from 2010 to 2013. They separated in June
1 ( £
2014 and reconciled in late 2014 or early 2015. Mr. Stover died from a drug overdose in November
2015. His estate was valued at negative $10,000.00.
Plaintiff and Mr. Stover were friends. Mr. Stover was a carpenter and defendant was his
office manager. Mr. Stover proposed to plaintiff a plan to buy a house, repair it, and sell it for a
profit. Plaintiff loaned Mr. Stover $5,000.00 to research potential properties to buy. (Ex. 1.)
Plaintiff met Mr. Stover at his home and was presented with a contract, which Mr. Stover had
prepared. (Ex. 2.) Mr. Stover was not a good businessman so defendant assisted him by typing
estimates or contracts that he prepared. Plaintiff and Mr. Stover signed the contract and plaintiff
wrote and gave a check to Mr. Stover for $60,000.00. (Ex. 3.) At trial, plaintiff agreed that
defendant did not sign the contract, made no promises to plaintiff, and was not involved in the plan
to buy, repair, and sell a house.
Mr. Stover called plaintiff and stated Mr. Stover had purchased a multi-family house in
Westbrook, Maine. After the house was renovated, the Stovers moved in and rented the other units .
Mr. Stover stated he would eventually sell the house but never did .
After plaintiff received only $1,440.00 in cash from Mr. Stover, plaintiff became worried
and filed a lawsuit against Mr. Stover in 2013. Plaintiff made no allegations against defendant.
(Ex. 9; see also Exs . 12, 15, 36, 45 .) In 2014, plaintiff prevailed in the lawsuit and was awarded a
judgment against Mr. Stover in the amount of $63,560.00, interest, costs, and 50% of the net
proceeds from the sale of the Westbrook property. (Ex. 15 .) Plaintiff received total payments of
$600.00 from Mr. Stover.
In January 2016,,plaintiff saw a sign in front of the Westbrook property that indicated the
house was under contract. Plaintiff called his attorney, who stated that the house had been sold in
January 2016 and Mr. Stover had died. Plaintiff filed a petition against Mr. Stover's estate in
2 z
Probate Court. Plaintiff made no allegations against defendant. The petition was not allowed
because the estate was insolvent and defendant had received nothing from the sale of the
Westbrook property. (Ex. 24.) Defendant's father forgave a secured loan on the property so it
could be sold and he paid Mr. Stover's funeral expenses .1 (Ex. 11.) The proceeds from the sale of
the Westbrook property were paid to defendant's father. (Exs. 17-18.)
Defendant's name was not on Mr. Stover's Bank of America business or personal checking
accounts. (Exs. 51-52.) They did have a joint account at Bangor Savings Bank. During trial,
evidence of deposits to, and expenditures for household expenses from, bank accounts was
presented. Mr. Stover managed the family's finances through an app on his phone. He gave
defendant money to spend and, on occasion, a debit card to use for family expenses . He specified
how the money was to be spent, generally for food and bills. Defendant went to the food pantry
multiple times for food for the family. She assumed the money in the accounts that was given to
her for expenses was from Mr. Stover's employment income because he went to work every day
and they filed tax returns. Defendant was not involved in the family finances and first reviewed
the banking records at her deposition on February 3, 2017.
Defendant knew that plaintiff loaned Mr. Stover $65,000.00 to buy, repair, and sell a house.
She did not notice that she was given additional money for expenses after January 6, 2012. She
does not know what Mr. Stover did with plaintiff's money. No money was given to her directly
from plaintiff's money, she was not involved in the transaction, and did not promise to repay the
money to plaintiff. After Mr. Stover's death, defendant learned for the first time about his lifestyle,
including the extent of his drug use and that he had a girlfriend and a second family.
1 This testimony was offered by Gary Crosby during defendant's case but also appears in exhibit 24, offered during plaintiff's case.
3 DISCUSSION
Rule SO(d)
When considering defendant's Rule 50(d) motion, "the court can weigh the evidence and
assess credibility." Bartlett v. Lindahl, 560 A.2d 563,564 n.1 (Me. 1989). Defendant's testimony
that she did not know what Mr. Stover did with plaintiff's money and she assumed the money Mr.
Stover gave her was from his business income was credible. Plaintiff's evidence is insufficient to
prove the elements of his claims.
Count I: Unjust Enrichment
In order to establish a claim for unjust enrichment, plaintiff must show: "(1) the claimant
conferred a benefit on the receiving party; (2) the receiving party had appreciation or knowledge
of the benefit; and (3) acceptance or retention of the benefit was under circumstances that make it
inequitable for [the receiving party] to retain the benefit without payment of its value." United
States Bank v. Thornes, 2013 ME 60, ! 14, 69 A.3d 411 (quoting Estate of Anderson, 2010 ME
10, ! 10,988 A.2d 977); A.FA.B., Inc. v. Town of Old Orchard Beach, 639 A.2d 103, 105 & n.3
(Me. 1994). Plaintiff has not proved how plaintiff's money was used. If any of plaintiff's money
was given to defendant for household expenses, she had no appreciation or knowledge of that fact.
Equity would not be served by holding defendant responsible for the loan from plaintiff to Mr.
Stover.
Count II: Money Had and Received
An action for "assumpsit of money had and received" is an equitable action and may be
maintained "when one person has in his possession money which in equity and good conscience
belongs to another, the law will create an implied promise upon the part of such person to pay the
same to him to whom it belongs." Greenlaw v. Rodick, 185 A.2d 895, 898 (Me.
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(
ST ATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION DOCKET NO. CV-16-189/
GARY CURTIS,
Plaintiff
V. JUDGMENT
MEGAN STOVER,
Defendant
Jury-waived trial was held on December 4, 2018. Both parties appeared and were
represented by counsel.
In his amended complaint, plaintiff alleges four causes of action: in count I, unjust
enrichment; in count II, conversion; in count III, money had and received; and in count IV, fraud,
misrepresentation, and deceit. At the close of plaintiff's evidence, defendant moved for judgment
as a matter of law on all counts . M.R. Civ . P. 50(d). The court granted the motion on count IV,
fraud, misrepresentation, and deceit. The court took the motion under advisement on the remaining
three counts. For the following reasons, judgment as a matter of law is entered on counts I, II, and
III in favor of defendant.
FACTS
Defendant was married to Dominique Stover in June 2008. They had three children, who
are now eleven, seven, and five years old. In 2010, they bought a home in South Portland. They
sold that house on August 17, 2012 and bought a four-unit home in Westbrook on the same date.
(Exs. 4-5.) Defendant was a stay-at-home mother from 2010 to 2013. They separated in June
1 ( £
2014 and reconciled in late 2014 or early 2015. Mr. Stover died from a drug overdose in November
2015. His estate was valued at negative $10,000.00.
Plaintiff and Mr. Stover were friends. Mr. Stover was a carpenter and defendant was his
office manager. Mr. Stover proposed to plaintiff a plan to buy a house, repair it, and sell it for a
profit. Plaintiff loaned Mr. Stover $5,000.00 to research potential properties to buy. (Ex. 1.)
Plaintiff met Mr. Stover at his home and was presented with a contract, which Mr. Stover had
prepared. (Ex. 2.) Mr. Stover was not a good businessman so defendant assisted him by typing
estimates or contracts that he prepared. Plaintiff and Mr. Stover signed the contract and plaintiff
wrote and gave a check to Mr. Stover for $60,000.00. (Ex. 3.) At trial, plaintiff agreed that
defendant did not sign the contract, made no promises to plaintiff, and was not involved in the plan
to buy, repair, and sell a house.
Mr. Stover called plaintiff and stated Mr. Stover had purchased a multi-family house in
Westbrook, Maine. After the house was renovated, the Stovers moved in and rented the other units .
Mr. Stover stated he would eventually sell the house but never did .
After plaintiff received only $1,440.00 in cash from Mr. Stover, plaintiff became worried
and filed a lawsuit against Mr. Stover in 2013. Plaintiff made no allegations against defendant.
(Ex. 9; see also Exs . 12, 15, 36, 45 .) In 2014, plaintiff prevailed in the lawsuit and was awarded a
judgment against Mr. Stover in the amount of $63,560.00, interest, costs, and 50% of the net
proceeds from the sale of the Westbrook property. (Ex. 15 .) Plaintiff received total payments of
$600.00 from Mr. Stover.
In January 2016,,plaintiff saw a sign in front of the Westbrook property that indicated the
house was under contract. Plaintiff called his attorney, who stated that the house had been sold in
January 2016 and Mr. Stover had died. Plaintiff filed a petition against Mr. Stover's estate in
2 z
Probate Court. Plaintiff made no allegations against defendant. The petition was not allowed
because the estate was insolvent and defendant had received nothing from the sale of the
Westbrook property. (Ex. 24.) Defendant's father forgave a secured loan on the property so it
could be sold and he paid Mr. Stover's funeral expenses .1 (Ex. 11.) The proceeds from the sale of
the Westbrook property were paid to defendant's father. (Exs. 17-18.)
Defendant's name was not on Mr. Stover's Bank of America business or personal checking
accounts. (Exs. 51-52.) They did have a joint account at Bangor Savings Bank. During trial,
evidence of deposits to, and expenditures for household expenses from, bank accounts was
presented. Mr. Stover managed the family's finances through an app on his phone. He gave
defendant money to spend and, on occasion, a debit card to use for family expenses . He specified
how the money was to be spent, generally for food and bills. Defendant went to the food pantry
multiple times for food for the family. She assumed the money in the accounts that was given to
her for expenses was from Mr. Stover's employment income because he went to work every day
and they filed tax returns. Defendant was not involved in the family finances and first reviewed
the banking records at her deposition on February 3, 2017.
Defendant knew that plaintiff loaned Mr. Stover $65,000.00 to buy, repair, and sell a house.
She did not notice that she was given additional money for expenses after January 6, 2012. She
does not know what Mr. Stover did with plaintiff's money. No money was given to her directly
from plaintiff's money, she was not involved in the transaction, and did not promise to repay the
money to plaintiff. After Mr. Stover's death, defendant learned for the first time about his lifestyle,
including the extent of his drug use and that he had a girlfriend and a second family.
1 This testimony was offered by Gary Crosby during defendant's case but also appears in exhibit 24, offered during plaintiff's case.
3 DISCUSSION
Rule SO(d)
When considering defendant's Rule 50(d) motion, "the court can weigh the evidence and
assess credibility." Bartlett v. Lindahl, 560 A.2d 563,564 n.1 (Me. 1989). Defendant's testimony
that she did not know what Mr. Stover did with plaintiff's money and she assumed the money Mr.
Stover gave her was from his business income was credible. Plaintiff's evidence is insufficient to
prove the elements of his claims.
Count I: Unjust Enrichment
In order to establish a claim for unjust enrichment, plaintiff must show: "(1) the claimant
conferred a benefit on the receiving party; (2) the receiving party had appreciation or knowledge
of the benefit; and (3) acceptance or retention of the benefit was under circumstances that make it
inequitable for [the receiving party] to retain the benefit without payment of its value." United
States Bank v. Thornes, 2013 ME 60, ! 14, 69 A.3d 411 (quoting Estate of Anderson, 2010 ME
10, ! 10,988 A.2d 977); A.FA.B., Inc. v. Town of Old Orchard Beach, 639 A.2d 103, 105 & n.3
(Me. 1994). Plaintiff has not proved how plaintiff's money was used. If any of plaintiff's money
was given to defendant for household expenses, she had no appreciation or knowledge of that fact.
Equity would not be served by holding defendant responsible for the loan from plaintiff to Mr.
Stover.
Count II: Money Had and Received
An action for "assumpsit of money had and received" is an equitable action and may be
maintained "when one person has in his possession money which in equity and good conscience
belongs to another, the law will create an implied promise upon the part of such person to pay the
same to him to whom it belongs." Greenlaw v. Rodick, 185 A.2d 895, 898 (Me. 1962) (quoting
4 £
Webb v. Brannen, 128 Me. 287,291,147 A. 208); see Rosenthal v. Rosenthal, 543 A.2d 348, 355
56 (Me. 1988); Harmony Homes CorJ;!. v. Cragg, 390 A.2d 1033, 1035 (Me. 1978). Plaintiff has
not proved defendant had in her possession plaintiff's money. Again, considering the
circumstances of this case, equity does not require holding defendant responsible for the loan from
plaintiff to Mr. Stover.
Count III: Conversion
In order to establish a claim for conversion, plaintiff must show: "(1) the person claiming
that his or her property was converted has a property interest in the property; (2) the person had
the right to possession at the time of the alleged conversion; and (3) the party with the right to
possession made a demand for its return that was denied by the holder." Estate of Barron v.
Shapiro & Morley, LLC, 2017 ME 51,, 14, 157 A.3d 769. Conversion requires an intent to
exercise dominion or control over another's property that seriously interleres with the owner's
rights. See Northeast Bank of Lewiston & Auburn v. Murphy, 512A.2d 344,347 (Me.1986); see
also Lougee Con ervancy v. CitiMortgage, Inc., 2012 ME 103,, 22, 48 A.3d 774 (court can
consider the actor's good faith in determining conversion). Defendant had no intent to exercise
dominion or control over plaintiff's money.
The entry is
Defendant's Motion for Judgment as a Matter of Law on Counts I, II, and III is GRANTED. Judgment is entered in favor of Defendant Megan Stover and against Plaintiff Gary Curtis on Plaintiff's Amended Complaint.
Date: February 28, 2018 Nancy Mills Justice, Superior Court
5 STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss CIVIL ACTION Docket No. CV-16-18:f'
Plaintiff STATE OF MAINE Cumberland, ss. Clerk's Office v. ORDER ON DEFENDANT'S AUG 10 2016 MOTION TO DISMISS MEGAN STOVER, RECEIVED Defendant
Before the court is defendant's motion to dismiss plaintiff's complaint for unjust
enrichment and conversion. Attached to the motion are 15 exhibits. The exhibits are not
all official public documents, documents that are central to plaintiff's claims, or
documents that are referred to in the complaint, which may be considered on a motion
to dismiss. See Moody v. State Liquor & Lottery Conun'n, 2004 ME 20,
A.2d 43.
Although defendant included a statement of material facts in her motion,
plaintiff responded in opposition with a memorandum of law only. Accordingly, the
court does not have the procedural benefits provided through a motion for summary
judgment. See 2 Harvey & Merritt, Maine Civil Practice § 12:13 at 429 (3d, 2015-2016
ed.) ("It is advisable ... for the lawyer to make a motion for summary judgment labeled
as such, where he knows that matter outside the pleadings will be needed to sustain his
position.").
Defendant argues, among other things, that plaintiff's complaint fails to state a
claim upon which relief can be granted. (Def.'s Mot. Dismiss 8); M.R. Civ. P. 12(b)(6).
Accordingly, unless the matters outside the pleading are excluded by the court,
1 ·.defendant's motion to dismiss shall be treated as a motion for summary judgment. See
Moody, 2004 ME 20,
Plaintiff will have 21 days from the date of this order to respond to defendant's
statement of material facts not in dispute and file any additional memorandum. ~
M.R. Civ. P. 56(h)(2) & 7(c)(2). Defendant will respond to plaintiff's filings pursuant to
the rules. M.R. Civ. P. 56(h)(3) & 7(e).
Defendant's Motion to Dismiss is converted to a Motion for Summary Judgment. Plaintiff will have 21 days from the date of this order to respond to Defendant's Motion for Summary Judgment. Defendant will respond to Plaintiff's filings pursuant to the rules.
Date: August 9, 2016 ancy Mills Justice, Superio·