111 Mich. 268 | Mich. | 1896
Plaintiff sued for alienation of his wife’s affections. The declaration contained three counts. The first alleged that defendant alienated and destroyed the wife’s affections for her husband; the second averred that defendant assaulted and debauched her, whereby her affections were alienated, etc.; the third, that plaintiff’s wife was seduced and debauched, whereby her affections were alienated, etc. At the opening of the trial, defendant asked that plaintiff be required to elect upon which count he would proceed, and, at the close of the testimony, asked instructions—First, that plaintiff was not entitled to recover under the first count; second, that he was not entitled to recover under the second count; third, that he was not entitled to recover under the third count. These requests were refused, and the jury gave a general verdict for the plaintiff, from which the defendant appeals.
It is further contended that the receipt of these letters. by the wife of plaintiff was not sufficiently shown by competent evidence. The letters and envelopes in which they were apparently inclosed were produced, and the son of plaintiff testified that this package of letters was presented by plaintiff to defendant in witness’ presence, and that defendant acknowledged having written them, and produced a package of letters written by plaintiff’s wife, and insisted that the correspondence was entirely a friendly one. This testimony was wholly uncontradicted, but was supported by other testimony, showing the letters to be in the handwriting of defendant. We are unable to see how the rulings relating to the proof of the genuineness of the letters, or their receipt by plaintiff’s wife, could have damaged defendant’s case, if not technically correct, as the writing of them was not only not in dispute, but was admitted by defendant, as appears by the uncontradicted testimony; and, aside from these admissions of defendant, the letters appear to have been addressed to plaintiff’s wife at her street and number, and to have been postmarked, and show on their face that they belong to a connected correspondence; and defendant’s admissions to the plaintiff, testified to by plaintiff’s son, cover the same ground.
We do not think the other questions in the case require discussion.
For the error pointed out, the judgment will be reversed, and a new trial ordered.