Truelsch v. Miller

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…