146 Me. 455 | Me. | 1950
This case is before this court on exceptions to acceptance of report of referees. The action is trover, plea, general issue with brief statement alleging title and
After the case was docketed in this court an error was discovered in*the pleadings and the case was remanded to the Superior Court for correction, 72 A. (2nd) 450, said case to be re-entered in this court in accordance with the opinion.
Rule 21 of the Supreme Judicial and Superior Courts provides :
“Objections to any report offered to the Court for acceptance, shall be made in writing and filed with the Clerk and shall set forth specifically the grounds of the objections, and these only shall be considered by the Court.”
1. There is no evidence in the record to support the conclusion which the Referees reached that immediately after pledging the ring with the defendant Albert F. Allen left for parts unknown and continued search has not disclosed his whereabouts.
2. There is no evidence to support the conclusion that Albert F. Allen neither advanced or intended to advance any money to the plaintiff to buy oil leases for her or for any other purpose, and that his procurement of her ring from her and its sub-pledge was clearly a fraud.
3. There is no evidence to support the conclusion that Albert F. Allen was guilty of conversion of the plaintiff’s ring.
4. That the Referees’ conclusion that the defendant became liable to the plaintiff for his possession of her ring is contrary to the law.
5. That the Referees’ findings of fact above described are manifestly against the evidence.
6. That the Referees’ findings of fact above described are manifestly against the weight of evidence.
7. That the Referees’ conclusions of law above described are against the law.
Objections 5, 6 and 7 are manifestly insufficient and were properly overruled by the presiding justice. They are not specific, but general, and they cannot be considered. Throumoulos v. First National Bank of Biddeford, 132 Me. 232, 169 A. 307 and cases cited.
Objection 4 is also too general and the exception based thereon cannot be considered. This objection does not in any way specify how or why the referees’ conclusion with respect to the possession of the defendant of the plaintiff’s ring is contrary to law. Throumoulos v. First National
Objections 1, 2 and 3 filed by the defendant assert that there was no evidence before the referees to support the particular findings and conclusions of the referees set forth in the above objections. These three objections raise questions of law which under the rule of reference were properly reserved. It is, however, unnecessary to make more than passing mention that this court has many times held that findings of fact by the referees will not be disturbed provided there is any evidence to support the findings. Staples v. Littlefield, supra; Morneault v. Boston & Maine R. R. Co., 68 A. (2nd) 260. The record discloses that the plaintiff, Emma Dubie, early in May 1948 delivered her platinum ring set with a 1.25 carat diamond and 22 chip diamonds to one Albert F. Allen as security for $1,000 which he promised to advance and use to purchase for her certain oil leases, agreeing not only that the advance should be paid from income from the leases which he assured her would begin the following June, but also that the ring would be kept in his safe deposit box at Brunswick until her payments were completed. It should be noted that Allen and his wife had for some months occupied a room in a tourist house on State Street in Portland, Maine, operated by the plaintiff. This pledge agreement was not reduced to writing and no receipt for the ring was given. On May 17, 1948, said Allen called upon the defendant, Maurice A. Branz, who conducted a small loan business in Portland under the name of Guardian Finance Co., exhibited the ring pledged to him by the plaintiff, stated that the ring belonged to his wife, that he needed money to carry on his antique business, that she had authorized him to use the ring as security, and borrowed $400 for which he gave his note payable in monthly installments of $40 with interest at 3% and pledged the ring as collateral security for the loan. The record further discloses that said Allen disappeared after this transaction and all search for his whereabouts have proved futile. The referees found
It is the opinion of this court, after examination of the record, not only that there was ample evidence to support the various findings of fact by the referees, but the inescapable conclusion reached by this court is that the referees would not have been warranted in arriving at any other conclusions. Such being the case, in accordance with the well established decisions of this court we hold that there was ample evidence to support the findings of fact and the conclusion of the referees and that said findings are conclusive and finally decided and exceptions do not lie. Staples v. Littlefield, supra. The defendant takes nothing under the first two objections.
The third objection also raises a question of law which will necessitate the determination of whether or not under the referees’ conclusion said Allen was guilty of conversion of the diamond ring of the plaintiff. In McPheters v. Page, 83 Me. 234, 22 A. 101, this court said:
“It is established as elementary law by well settled principles and a long line of decisions that any distinct act of dominion over property in denial of the owner’s right, or inconsistent with it, amounts to conversion.”
The action of the presiding justice in overruling the objections of the defendant was correct and the mandate will be
Exceptions overruled.