COLES V. HARSCH 129 Or. 11, 276 P. 248 (1929) CASE BRIEF

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:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment