COLES V. HARSCH
129 Or. 11, 276 P. 248 (1929)
NATURE OF THE CASE: Harsch (D), a new husband, challenged a judgment, which was entered
in favor of Coles (P), an ex-husband, in the amount of $17,500 in an action for malicious
alienation of the ex-wife's affections by showing 'improper attention' to her from 1923
through 1925 after the ex-wife divorced P, and then married D.
FACTS: Coles (P) sued Harsch (D) for the alienation of the affections of his former wife.
One of D's principal witnesses was Thompson, who essentially testified that D's conduct
toward P's wife was no different from his conduct toward any of the other women in the
social group of which P, D, and Thompson and their wives were all members. Nothing tending
to discredit Thompson was brought out on cross-examination. On rebuttal, P was permitted to
testify over D's objection that P had visited Thompson at the garage where he worked, and
Thompson had told him that, on a particular trip, the conduct of D and P's wife toward each
other was disgraceful. P stated that the evidence went to Thompson's credibility. D argued
that if P was using the evidence to impeach Thompson, it was inadmissible because P failed
to lay a proper foundation for it by asking Thompson about the conversation during
cross-examination.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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