Hurston v. HurstonHurston v. Hurston
William J. Jones, Jr., Covington, for defendants, appellees.
Before ELLIS, PONDER and SAVOIE, JJ.
PONDER, Judge.
The issues on appeal are proof of agreement under
We affirm.
Plaintiff‘s husband, James Hurston, Jr., her brother-in-law, Charles Hurston, and her father-in-law, James Hurston, Sr. formed Hurston‘s Pine Manor Motel and Restaurant, Inc.2 in January, 1963. James Hurston, Jr., was the corporate secretary, and his father was the corporate president.
James Hurston, Jr., having marital difficulties and needing money, after finding that he had cancer, agreed to sell to Charles Hurston his shares of stock for $10,000.00 in cash, the assumption of James’ half of an $18,000.00 obligation to their father, the assumption of the corporate liabilities and the continued support of James for the remainder of his life. The new stock certificates, transferring James’ shares to Charles, were issued in October of 1966 and were signed by James Hurston, Jr., as secretary, and by his father.
Plaintiff, after her husband‘s death in 1970, alleged in this suit that the decedent received no consideration for his stock and that any transfers of shares that resulted were wrongful.
Plaintiff argues that the defendants did not adequately prove any agreement under
Plaintiff disputes the trial court‘s finding of valid consideration. Charles Hurston testified that he paid the $18,000.00 debt, paid $10,000.00 in cash, to his brother and paid a weekly salary of $250.00 to James, Jr., until he died in 1970. The father testified he witnessed the transfer of some money.
Plaintiff‘s attack upon the proof of transfer of certificates is based upon her lack of knowledge thereof, an attack upon the father‘s credibility and alleged forgery.
There was evidence of marital difficulties between plaintiff and her husband near the time of transfer. This and the other circumstances explain the failure to tell her of the transfer, even after reconciliation.
Plaintiff argues that James Hurston, Sr. was not a disinterested witness. While the father‘s relation to Charles Hurston could diminish his credibility, the trial judge‘s finding of credibility is given great weight and we find no reason to disturb his decision.
Plaintiff‘s evidence of forgery of decedent‘s signature on the stock certificates was introduced by proffer, after defendant objected that plaintiff had not specifically pled fraud or forgery. However, in his reasons for judgment, the trial judge stated he had considered the evidence of forgery or fraud, in rendering his decision, because of the prohibition of replicatory pleadings in
The handwriting expert testified that the deceased‘s signature on the last three stock certificates4 issued by the corporation was forged. However, the trial court chose to review this testimony with caution, since the expert was not aware of the decedent‘s physical problems at the time of the writing.
The trial judge must weigh the expert testimony in the same manner as other evidence, according to the expert‘s professional qualifications, experience, and the circumstances and materials on which the opinion was based. Galloway v. Gaspard, 340 So.2d 579 (La.App. 1st Cir. 1976). In light of the testimony of the decedent‘s father of the signing of the certificates and the testimony of the decedent‘s wife that the signatures appeared to be those of her husband, we cannot say that the trial court‘s finding was manifestly erroneous. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).
The cancelled certificates were not introduced into evidence. Evidence of a valid transfer under
There is sufficient evidence that the decedent acquiesced in the stock transfer and voluntarily surrendered his shares.
AFFIRMED.