Estate of Martin
Estate of Martin
Opinion of the Court
Opinion,
In May, 1886, the appellant purchased two hundred and fifty shares of the capital stock of the Martin Color & Chemical Company for $12,500. The office of the company was in Philadelphia, and its manufactory in Chester, Pa. About the 1st of June, 1886, he visited Philadelphia, and on inspection of the company’s property became dissatisfied with his investment, and signified to Robert Martin, a son of the decedent, his willingness to sell his stock at half its cost. On the 18th of June he wrote from Texas to the decedent as follows: “ Referring to a conversation I had with your son Robert’about the two hundred and fifty shares I hold in the Martin Color & Chemical Company, I enclose a certificate of same, No. 16, for two hundred and fifty shares, and I ask you to dispose of it, and remit the proceeds to the Hanover National Bank, Now York, for my credit. Please dispose of it promptly, as I dread the fire risk. Doubtless your son Robert has fully explained to you my views in the matter.” This letter, containing the stock, was received by the decedent on the 24th of June, and the next day he acknowledged it, and added: “ Whether the stock is sold or not,
It is conceded that no liability was incurred by the decedent in connection with the appellant’s purchase of stock. The learned auditing judge says of this transaction, “that no contractual relation of any sort existed between the claimant and Robert Martin, the son; and all semblance of fraud was admit, ted on the argument to be out of the question. The son suggested to his relative an investment which he believed was profitable, and in which he had placed his own fortune; and the claimant acted on the suggestion with the single purpose of benefiting himself. Neither the son, by his letter advising the venture, nor'the father, by his indorsement of that advice, assumed any duty toward the claimant.” This is obviously a correct conclusion from the evidence in the case. There is no moral obliquity in the statement of an honest belief respecting a business enterprise, and no legal or moral obligation is created by it. It raises no duty which will constitute a sufficient consideration to support a promise.
■ If there was any consideration for the promise contained in the words, “I will see that Robert makes you whole,” it must be found in the appellant’s letter of June 18th, and the decedent’s answer to it. It is claimed that the words, “whether the stock is sold or not,” secured to the decedent an option to hold or sell the stock at his pleasure, and that this option constituted the consideration for the promise. But these words do not justify the inference that the decedent desired such an option, or to refrain from selling the stock when there should be a market for it. They are consistent with an immediate sale of the stock, and with an effort to comply with the request of the appellant respecting the sale of it. If the correspondence
Decree affirmed.
Reference
- Full Case Name
- ESTATE OF LUTHER MARTIN
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- [To be reported.] 1. No legal or moral obligation is created by the expression of an honest belief respecting a business enterprise to a person contemplating an investment therein; and, the giving of advice, after the investment is made, favorable to such investment, raises no duty which will constitute a sufficient consideration for a promise to reimburse the investor for any loss upon it. (а) A decedent’s son Robert wrote to a claimant against the estate, recommending an investment in the stock of a corporation with which both Robert and the decedent were connected, and the latter added to the letter a note stating his belief that all its statements were correct: on the strength of these recommendations, which were made in good faith, the claimant invested in the stock. (б) Afterwards, becoming dissatisfied on learning that the company’s plant was uninsurable, he sent his certificate of stock to the decedent, directing him to sell it and remit the proceeds. The decedent replied, acknowledging its receipt, and adding: “Whether the stock is sold or not, give yourself no uneasiness as to fire or otherwise. I will see that Robert makes you whole.” The company was then insolvent and soon after stopped payment: 2. As the correspondence between the claimant and the decedent in regard to soiling the stock, disclosed no consideration for the promise to see that the claimant was made whole, that promise, whether regarded as a guaranty or as an original undertaking, imposed upon the decedent and his estate no liability to reimburse the claimant for the loss sustained upon the investment.