Hurd v. Cramer

40 App. D.C. 349, 1913 U.S. App. LEXIS 2084
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 5, 1913
DocketNo. 2483
StatusPublished
Cited by3 cases

This text of 40 App. D.C. 349 (Hurd v. Cramer) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hurd v. Cramer, 40 App. D.C. 349, 1913 U.S. App. LEXIS 2084 (D.C. Cir. 1913).

Opinion

Mr. Chief Justice Shepard

delivered the opinion of the Court:

The first question for consideration is whether there is jurisdiction in equity to entertain the cause of action set out in the bill. If not, there will be no ground for passing upon the evidence. It is well settled that equity has no jurisdiction where the plaintiff has a plain, adequate, and complete remedy at law. Hipp v. Babin, 19 How. 271-278, 15 L. ed. 633-635; Buzard v. Houston, 119 U. S. 347—352, 30 L. ed. 451—453, 7 Sup. Ct. Rep. 249; United States v. Bitter Root Development Co. 200 U. S. 451-472, 50 L. ed. 550-560, 26 Sup. Ct. Rep. 318. But to be plain, adequate, and complete, the remedy at law must be as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity. Boyce v. Grundy, 3 Pet. 210-215, 7 L. ed. 655—657; Tyler v. Savage, 143 U. S. 79—95, 36 L. ed. 82—88, 12 Sup. Ct. Rep. 340.

[361]*361We are of the opinion that such remedy as a court of law would give for the conditions alleged in the bill would not be of that plain, adequate, and complete nature requisite to exclude the jurisdiction of equity; clearly, it would not be as practical and as efficient to the ends of justice and its prompt administration. The case made out in the bill is more than a suit to recover by way of damages money obtained through a fraudulent contract, as in Buzard v. Houston, 119 U. S. 347, 30 L. ed. 451, 7 Sup. Ct. Rep. 249; or than a mere case of trover or trespass, as in United States v. Bitter Root Development Co. 200 U. S. 451, 472, 50 L. ed. 550, 560, 26 Sup. Ct. Rep. 318.

The suit was brought on behalf of a man then eighty-nine years of age, who had been adjudged incapable of managing his affairs, and in respect of person and estate committed to a conservator. His memory of transactions was defective, and the books and papers which came into the hands of the conservator furnished no evidence of payments, which, moreover, extended through a period of several years. The defendant had concealed the fact that she had received money from the plaintiff. The funds so received had been converted by defendant into secured notes, the makers of which were unknown to the plaintiff. Discovery, therefore, from the defendant and from the trust company, became necessary. If plaintiff had sued at law and recovered judgment against the defendant for any amount, it could not have been collected by execution. The bill, therefore, sought to have a trust declared in such of the money as could be found, and in such securities into which it could be followed; and sought to have their disposition enjoined, and an order for their delivery to a receiver. An accounting was also prayed as a necessary part of the relief sought. “Thus there were in the case as ingredients to support the jurisdiction of equity, discovery, account, fraud, misrepresentation, and concealment.” Tyler v. Savage, 143 U. S. 79-95, 36 L. ed. 82-88, 12 Sup. Ct. Rep. 340. See George v. Ford, 36 App. D. C. 315-332. In addition to the ingredients above recited, the jurisdiction was invoked to declare a trust, to follow it into other property into which the trust [362]*362fund, had been converted, and for an injunction to render this remedy effectual. Thus very different conditions were shown from those presented in Buzard v. Houston, and United States v. Bitter Root Development Co. supra.

2. The learned justice who presided in the equity court was right in his conclusion that the gifts of money made to the defendant could not be set aside and the same recovered on the mere ground of mental incapacity, of the plaintiff at the time they were made. He was an extremely old man, it is true, with some of the weaknesses of old age, and was a firm believer in spiritualism, and that communications could be had with the spirits of the departed through “mediums.” Such obsessions, however, do not of themselves constitute insanity or mental incapacity 'in the legal sense. If unpractised upon by fraud or undue influence through those obsessions, he had sufficient mental power to execute a valid contract, deed, or will.

3. The gist of the case is contained in the charge of fraud and undue influence upon the aged plaintiff, and the evidence relating thereto. This evidence is unnecessarily voluminous, and much of it is irrelevant. To recite it in substance and review it in detail would cause an unnecessary and unimportant consumption of space.

We find from the evidence that the plaintiff was eighty-nine years old at the time this suit was begun. He had many years before retired from business, invested his money in Western land mortgages, and lived upon his income. He and his wife had lived in Saratoga, New York, but finally spent most of the year in the city of Washington. His wife was a woman of intelligence and education; superior to him in the latter respect. Both were believers in “spiritualism,” and the possibility of communication with departed spirits. Plaintiff loved and respected her in life and was devoted to her memory. She died in 1891. After her death he resided chiefly in the city of Washington, making yearly visits to Minnesota to look after his investments. He was close with his money, in other words, stingy, particularly with himself. He wore seedy old clothes [363]*363and hats, and could with difficulty be induced to replace them. He rarely, if ever, had more than one suit at a time. He had, apparently, saved a great deal of his income and added it to his principal. When he began to lodge with the defendant, his invested personal estate amounted to something over $90,000. He had a son who lived with his wife on a farm in New York State. This was the property of Mrs. Hurd, in which plain-5 tiff had a life estate. This life estate he had relinquished to his son, who was his mother’s heir at law. Plaintiff had a grandson also, Dr. Lee Hurd, who lived in Greenwich, Connecticut, and practised medicine in New York. This grandson had married and had three children. Plaintiff had educated him, and had given him $1,000 per year after his graduation. Plaintiff had expressed his pride in the grandson, and appeared to have had affection for him. Plaintiff boarded for a while in Washington with a Mrs. Schafer. Mrs. Schafer used to write letters to him, signed “Mary,” which was the name of his deceased wife. He saw her write them and firmly believed that they were actual communications from his deceased wife. It does not appear that Mrs. Schafer used these letters to extract money from him. However, her husband obtained a loan of $1,000 from him. This was secured by a mortgage on a farm in Nebraska, which mortgage he subsequently foreclosed. He made some presents to her daughter, who also wrote occasional “spirit letters.” Plaintiff was paying attention to a woman in Washington, and apparently contemplating marriage with her. This was broken off by Mrs. Schafer’s daughter by agreement with plaintiff’s son.

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Bluebook (online)
40 App. D.C. 349, 1913 U.S. App. LEXIS 2084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hurd-v-cramer-cadc-1913.