Wise v. Phœnix Fire Insurance

Headnote

Where items o£ an account or claim are numerous, and therefore difficult to be retained in the memory, the court, in its discretion, may permit a witness to refer to memoranda, proved to be correct both _ as to items and value.

This action was upon a policy of fire insurance covering household' furniture. Plaintiff was called as a witness in her own behalf to prove the loss ; she was allowed, as such witness, to refer to the schedule attached to the proofs of loss, for the purpose of refreshing her memory.

“ There was no error in permitting the plaintiff, while under examination as a witness, to refer to the schedule attached to the proof of loss, for the purpose of refreshing her memory. (Howard v. McDonough, 77 N. T. 592.) This schedule, which was made up a few days after the fire, was sworn to be correct both as to items and values, and to be made up from actual knowledge. Where the items are numerous, and, therefore, difficult to be retained in the memory, the court in its discretion may permit a reference to memoranda proven to be correct, both as to items and their values. To hold otherwise might make a party’s rights dependent upon unusual strength' of memory.”