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Albinger v. Harris6/6/2002
Submitted on Briefs: December 29, 2000
Who owns a ring given in anticipation of marriage after the engagement is broken? Michelle L. Harris (Harris) appeals the disposition of an engagement ring by the Eighth Judicial District Court, Cascade County, Montana, and Michael A. Albinger (Albinger) cross-appeals the denial of reimbursement for certain telephone charges incurred by Harris and the award of damages for a prior, unlitigated assault and battery claim. We reverse the disposition of the engagement ring, affirm the denial of reimbursement for telephone charges and affirm the award for pain, suffering and emotional distress.
We frame the issues on appeal as follows:
1 . Did the District Court err in determining an engagement ring is a conditional gift that may be revoked upon termination of the engagement?
2 . Did the District Court err in denying Albinger reimbursement for telephone charges incurred by Harris during cohabitation?
3 . Did the District Court err in awarding Harris compensation for general damages resulting from an assault and battery by Albinger?
FACTUAL AND PROCEDURAL BACKGROUND
Harris and Albinger met in June 1995, and began a troubled relationship that endured for the next three years, spiked by alcohol abuse, emotional turmoil and violence. Albinger presented Harris with a diamond ring and diamond earrings on December 14, 1995. The ring was purchased for $29,000. Days after accepting the ring, Harris returned it to Albinger and traveled to Kentucky for the holidays. Albinger immediately sent the ring back to Harris by mail. The couple set a tentative wedding date of June 27, 1997, but plans to marry were put on hold as Harris and Albinger separated and reconciled several times. The ring was returned to or reclaimed by Albinger upon each separation, and was re-presented to Harris after each reconciliation.
Albinger and Harris lived together in Albinger's home from August 1995 until April 1998. During this time, Albinger conferred upon Harris a new Ford Mustang convertible, a horse and a dog, in addition to the earrings and ring. Harris gave Albinger a Winchester hunting rifle, a necklace and a number of other small gifts. Albinger received a substantial jury award for injuries sustained in a 1991 railroad accident. He paid all household expenses and neither party was gainfully employed during their cohabitation.
On the night of February 23, 1997, during one of the couple's many separations, Albinger broke into the house where Harris was staying. He stood over Harris' bed, threatened her with a knife and shouted, "I'm going to chop your finger off, you better get that ring off." After severely beating Harris with a railroad lantern, Albinger forcibly removed the ring and departed. Harris sued for personal injuries and the county attorney charged Albinger by information with aggravated burglary, felony assault, and partner and family member assault. The next month, after another reconciliation, Harris requested the county attorney drop all criminal charges in exchange for Albinger's promise to seek anger management counseling and to pay restitution in the form of Harris' medical expenses and repair costs for damage to her friend's back door. Harris also directed her attorney to request the court dismiss the civil complaint without prejudice.
The parties separated again in late April 1998. Albinger told Harris to "take the car, the horse, the dog, and the ring and get the hell out." During their last month together, Harris ran up approximately $1,000 in telephone charges on Albinger's credit card. Harris had been free to use Albinger's telephone
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