Home/Wisconsin Supreme Court/Truelsch v. Miller

Truelsch v. Miller

202 N.W. 352, 186 Wis. 239, 38 A.L.R. 914, 1925 Wisc. LEXIS 238
Wisconsin Supreme Court·Decided March 10, 1925·Published·Cited by 64 cases

Opinion

The following opinion was filed January 13, 1925:

Jones, J.

The views of the referee and the trial judge as to the legal questions involved present a striking contrast. The trial court held that Paul was a mere employee and in no sense a trustee; that the letters and books of the company offered were mere hearsay; that the title to the policies became at once vested in the plaintiff under the statutes and could not be divested except by surrender and indorsement.

In treating the letters as pure hearsay the court disregarded an important exception to the rule excluding hearsay evidence which has long been recognized as well settled. In his work on Evidence Mr. Wigmore traces the history of the exception and shows that it had its origin more than a century ago. Secs. 1456, 1476. The exception is that the declarations of-persons, since deceased, are admissible in evidence provided the declarant had 'peculiar means of knowing the matter stated, if he had no interest to misrepresent it, and if it was opposed to his pecuniary or proprietary interest. Such declarations are not received as admissions, nor as entries made in the ordinary course of business,

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Truelsch v. Miller, 202 N.W. 352, 186 Wis. 239, 38 A.L.R. 914, 1925 Wisc. LEXIS 238 (Wis. 1925).

202 N.W. 352 (Truelsch v. Miller) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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