Coles v. Harsch

Coles (plaintiff) sued Harsch (defendant) for alienating his wife's affections; defense witness Thompson testified Harsch's conduct toward Mrs. Coles was no different than toward his other friends, and on cross-examination Coles asked only whether Thompson recalled a general conversation about a picnic, which Thompson denied recalling. Coles later testified himself that Thompson had actually told him the defendant's conduct with Mrs. Coles at that picnic was "disgraceful," using this to impeach Thompson; the trial court allowed this impeachment testimony and ruled for Coles, and Harsch appealed.