This case involves an action for money lent. Plaintiffs are George Harden and Annie Harden, his wife. The defendant is Michael Widovich. He and Mrs. Harden had been intimate for some 2 years prior to the occurrence of the matters here to be related.
Both Mrs. Harden and Mr. Widovich had their own versions of just how the money was, or was not, obtained, and where it went, but this much is clear — that Mr. Harden had $17,500 in the trunk to start with and that the trunk was substantially emptied of money later, and not by him. The trial court believed that defendant got the money under such circumstances that it should be repaid by him, and we are not persuaded that he was in error. The testimony of the parties is, as the trial court noted, irreconcilable. We have reviewed it in detail but
But, defendant asserts, even if there was a loan it was "designed to promote the adulterous relationship between the parties," which, it is urged, involved the "worst kind" of illicit cohabitation, that the consideration for the "contract" was therefore illegal, and that the court should refuse to enforce the agreement. What this argument overlooks is that plaintiff George W. Harden, described by the court as "the wronged husband in this case," was not a party to any kind of illicit cohabitation and there is no valid reason why, in addition to the other indignities suffered by him, he should also lose his savings. The illegality of the relationship between his wife and defendant was merely collateral to the cause of action sued upon and does not bar recovery. 52 Am Jur, Torts, § 92. Cf. Van Auken v. Chicago & West Michigan R. Co., 96 Mich. 307 (22 LRA 33).
The judgment is affirmed, with costs to appellee.
As we observed in Greenough v. Greenough, 354 Mich. 508, 521: "Our adjudicative process is now at an end and we are asked, pursuant to the new rules,
The appellees have charged appellant with violation of Court Rule No 67 (1945),
We have commented in prior opinions upon this situation. Greenough v. Greenough, supra. We need not repeat the general observations there made. So far as the instant case is concerned, appellant's contention that the judgment for the plaintiffs was against the great weight of the evidence makes it incumbent upon him to put the entire evidence before us, in order that, upon review thereof, we may apply the law applicable to the claim of error made. We do not, in some situations presented to us, of which this is one, deem it in furtherance of the judicial process that we preserve for posterity in the public records, at the taxpayers' expense, the sordid details of a scandalous involvement. Nevertheless we cannot weigh the evidence in arriving at decision unless it is fully and fairly put before us and this is the burden of the appellant. (Court Rule No 67 
Our study of the appendices and the briefs demonstrates that the matter should be referred back to
DETHMERS, C.J., and CARR, KELLY, BLACK, EDWARDS, KAVANAGH, and SOURIS, JJ., concurred.