Champion v. Champion

• Decision Date: 01 October 1962
• Docket Number: No. 58,58
• Citation: 368 Mich. 84,117 N.W.2d 107
• Parties: Donna CHAMPION, Plaintiff and Appellant, v. Marshall CHAMPION, Defendant and Appellee.
• Court: Michigan Supreme Court

Page 107

117 N.W.2d 107

368 Mich. 84

Donna CHAMPION, Plaintiff and Appellant, v. Marshall CHAMPION, Defendant and Appellee.

No. 58.

Supreme Court of Michigan.

Oct. 1, 1962.

Elizabeth Ramsey, Plainwell, for appellant.

Chester A. Ray, Allegan, for appellee.

Before the Entire Bench.

ADAMS, Justice.

Plaintiff brought an action for divorce charging defendant with extreme cruelty and nonsupport. The trial judge found that neither ground had been made out and dismissed the bill of complaint. Plaintiff appeals, alleging error in respect to these findings and also because the court failed to exclude testimony identifying by name a male friend of the wife and admitted a letter purportedly written to the wife.

The parties were married in 1950. Four children were born of the marriage. Plaintiff diagnosed their marital difficulties as follows:

'In February of 1960, I inherited some money from my father's estate and that is when the marital difficulties commenced.'

While we are not informed as to the amount of plaintiff's inheritance, her bill of complainant alleges that she will be required to pay a Federal estate tax of approximately $35,000.

Prior to the inheritance, the parties lived in modest circumstances. Defendant was an insurance salesman, earning $460 per month. The parties had been given 2 lots by defendant's parents and built a house for $13,950. Approximately $7,000 remained to be paid on the property. They also had other household bills and loans in the amount of $5,099.28 plus a balance on a chattel mortgage for their automobile of $1,020.61.

Plaintiff used some of her inheritance to pay off the chattel mortgage, the household bills and loans. She invested $3,700 in stock taken jointly with the defendant. $10,000 was paid to purchase a house, resold on a land contract, in a tenancy by the entireties with defendant. Plaintiff purchased a $1,436.45 diamond ring for defendant. In March of 1960, the entire family went on a trip to Hawaii at a cost of $3,017.82. Plaintiff rebuilt the home of the parties at a cost of $16,215.23. She had a swimming pool constructed for $6,004.60. New furniture was purchased for $5,349.39 on which she said $2,149.39. A 1960 Buick automobile was purchased to replace their Ford at an additional cost of $2,060.

Plaintiff made trips to New Orleans, Washington, D. C., North Carolina, and Europe. On some of these trips she was accompanied by her children.

Plaintiff had known a master sergeant in the Marine Corps for a number of years and had carried on a correspondence with him. Plaintiff had seen the master sergeant in Washington, D. C., North Carolina and Plainwell. Plaintiff had postoffice boxes at Otsego and Kalamazzo because Plainwell is a small town and because, she says, she wished to spare her husband's feelings and not to cause any gossip.

Defendant testified that the night after plaintiff returned from Europe she spread her things out all over the floor in the front room of their house, and that he there saw a letter addressed to Donna Champion at the Hotel Mt. Royal, London, England, Europe, from the master sergeant from his base at Cherry Point, North Carolina. Defendant could not identify the handwriting as being that of the master sergeant The letter was received in evidence over the objection of the plaintiff. Plaintiff had admitted her correspondence with the master sergeant. Plaintiff stated she never saw the letter.

The rule is well recognized that whether or not a sufficient foundation has been laid for the admission of evidence is a matter addressed to the discretion of the trial court. 32 C.J.S. Evidence § 706, p. 608. Proof that the proffered writing is authentic may be made by direct or circumstantial evidence. 3 Jones, Evidence, § 632, Letters p. 1204. While it is agreed that the genuineness of a letter can best be established by identification of the handwriting, when this is not possible, indirect or circumstantial evidence may be resorted to. People v. Adams, 162 Mich. 371, 375, 127 N.W. 354. The contents of the letter are by no means controlling in this case, they do indicate that the letter was genuine since the writer speaks of having sent several letters to plaintiff at various places on her European itinerary. Under the circumstances, a sufficient foundation had been laid for its receipt in evidence.

Plaintiff complains of the introduction of the name of the master sergeant in evidence contrary to the statute. (C.L.1948, § 551.305 (Stat.Ann.1957 Rev. § 25.195). No misconduct was asserted by defendant who merely answered the bill of complaint and prayed that it be dismissed. The testimony was received without objection.

Plaintiff accuses defendant of one incident of physical abuse which occurred at 2 a. m., when plaintiff returned home, and which she describes as follows:

'I came in the house and immediately he grabbed me and threw me down and pulled my hair.'

Plaintiff accuses defendant of having made several...