Wilson v. Hartford Acc. & Indem. Co., 685
| Docket Nº | No. 685 |
| Citation | 272 N.C. 183, 158 S.E.2d 1 |
| Case Date | December 13, 1967 |
| Court | United States State Supreme Court of North Carolina |
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v.
HARTFORD ACCIDENT AND INDEMNITY COMPANY.
Schoch, Schoch & Schoch, High Point, for plaintiff appellant.
Morgan, Byerly, Post & Keziah, High Point, for defendant appellee.
LAKE, Justice.
There is no merit in the assignments of error relating to the admission and exclusion of testimony concerning the extent of the permission granted by Benson to Perdue for the use by Perdue of Benson's automobile.
The questions addressed to the plaintiff's witness, to which objections were sustained, were designed to elicit from the witness what statements she heard, or did not hear, Benson and Perdue [272 N.C. 188] make to each other concerning the purpose for which Perdue was permitted to use the automobile and when he was to return it. For example, Mrs. Perdue, if permitted to answer the question, would have testified that she did not hear Benson tell Perdue when, where, how or how long Perdue could use the automobile or specify the time when Perdue was to bring it back. Such testimony was properly excluded not because of the hearsay rule, which the plaintiff, in argument, appears to consider the basis of the ruling, but because the prior testimony of this witness disclosed that she did not purport to know all that Benson and Perdue said to each other on this occasion.
Hearsay evidence consists of the offering into evidence of a statement, oral or written, made by a person other than the witness for the purpose of establishing the truth of the matter so stated. The hearsay rule does not apply to testimony that a particular statement was made by some person other than the witness when the fact sought to be established is the making of the statement itself, as distinguished from the truth of the matter so stated. In re Will of Duke, 241 N.C. 344, 85 S.E.2d 332; Stansbury, North Carolina Evidence, 2d Ed., § 138; Wigmore on Evidence, 3d Ed., §§ 1766, 1770; 29 Am.Jur.2d, Evidence, § 497. Thus, in Hunt v. Maryland Casualty Co., 212 N.C. 28, 192 S.E. 843, where, as here, the question at issue was whether the driver of an automobile was, at the time of the accident, driving with the permission of the insured owner, Schenck, J., speaking for the Court, said:
'The objection and exception to the testimony of the plaintiff's witness,
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Frank Coxe, as to what Richardson said to him at the time Coxe gave Richardson permission to use the automobile, upon the ground that such testimony was hearsay, cannot be sustained, since such testimony was competent to show the purpose for which Coxe permitted Richardson to use the automobile, and the terms of the bailment.'Thus, the testimony...
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Com. v. Smith
...Co., 341 S.W.2d 822 (Mo.1960); Ellsworth v. Watkins, 101 N.H. 51, 132 A.2d 136 (1957); Wilson v. Hartford Accident & Indemnity Co., 272 N.C. 183, 158 S.E.2d 1 (1967); Auseth v. Farmers Mutual Automobile Insurance Co., 8 Wis.2d 627, 99 N.W.2d 700 (1959). The admission of hearsay evidence wou......
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Cameron v. New Hanover Memorial Hosp., Inc., 815SC1135
...Evidence (Brandis rev. 1973) § 138, pp. 458-60 [hereinafter referred to as Stansbury]. Accord Wilson v. Hartford Accident & Indemnity Co., 272 N.C. 183, 158 S.E.2d 1 (1967). Hearsay evidence is inadmissible unless it falls within one of the recognized exceptions to the hearsay The modern "b......
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Investment Properties of Asheville, Inc. v. Allen, No. 94
...had been advised or put on notice that the lease might be deficient in some respects. Wilson v. Hartford Accident & Indemnity Co., 272 N.C. 183, 158 S.E.2d 1 (1967); Stansbury, N.C. Evidence § 141, p. 346 (2d Ed. The second portion of the statement read to the jury consisted of the followin......
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Truck Ins. Exchange v. Hunt, 10566
...for 15 or 20 minutes during the noon hour and an accident occurred ten hours later, Wilson v. Hartford Accident and Indemnity Co., 272 N.C. 183, 158 S.E.2d 1 But, such cases dealing with a deviation from a limited scope of permission are not decisive here. This case does not involve a devia......
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Com. v. Smith
...Co., 341 S.W.2d 822 (Mo.1960); Ellsworth v. Watkins, 101 N.H. 51, 132 A.2d 136 (1957); Wilson v. Hartford Accident & Indemnity Co., 272 N.C. 183, 158 S.E.2d 1 (1967); Auseth v. Farmers Mutual Automobile Insurance Co., 8 Wis.2d 627, 99 N.W.2d 700 (1959). The admission of hearsay evidence wou......
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Cameron v. New Hanover Memorial Hosp., Inc., 815SC1135
...Evidence (Brandis rev. 1973) § 138, pp. 458-60 [hereinafter referred to as Stansbury]. Accord Wilson v. Hartford Accident & Indemnity Co., 272 N.C. 183, 158 S.E.2d 1 (1967). Hearsay evidence is inadmissible unless it falls within one of the recognized exceptions to the hearsay The modern "b......
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Investment Properties of Asheville, Inc. v. Allen, No. 94
...had been advised or put on notice that the lease might be deficient in some respects. Wilson v. Hartford Accident & Indemnity Co., 272 N.C. 183, 158 S.E.2d 1 (1967); Stansbury, N.C. Evidence § 141, p. 346 (2d Ed. The second portion of the statement read to the jury consisted of the followin......
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Truck Ins. Exchange v. Hunt, 10566
...for 15 or 20 minutes during the noon hour and an accident occurred ten hours later, Wilson v. Hartford Accident and Indemnity Co., 272 N.C. 183, 158 S.E.2d 1 But, such cases dealing with a deviation from a limited scope of permission are not decisive here. This case does not involve a devia......