Huckins v. Peoples' Mutual Fire Ins.
Superior Court of New Hampshire
Assumpsit, to recover the sum of $1500, insured by the defendants upon the plaintiff’s stock of goods, in his store in Meredith, which were burned on the 11th day of January, 1853. The writ is dated May 5, 1853. The declaration, application, policy, charter and by-laws of the company, existing December 15, 1852, may be referred to as a part of this case.
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Assumpsit, to recover the sum of $1500, insured by the defendants upon the plaintiff’s stock of goods, in his store in Meredith, which were burned on the 11th day of January, 1853. The writ is dated May 5, 1853. The declaration, application, policy, charter and by-laws of the company, existing December 15, 1852, may be referred to as a part of this case. The plaintiff’s son testified that he had been employed in a grocery store in Boston, five months previous to December, 1852, and that since the loss he had been and was employed in a victualing store in Boston; that he helped his father in…
1Opinion of the CourtEastman, J.
Upon the first three points raised at the trial, the ruling was correct. A witness may refer to a written instrument or memorandum, or to entries in a book, for the purpose of refreshing his recollection or assisting his *247memory, whether made by himself or others, provided that, after inspecting them, he can testify to the facts from his recollection. Howland v. The Sheriff of Queens County, 5 Sandf. 219; Lawrence v. Baker, 5 Wend. 301; Welcome v. Batchelder, 10 Shep. 85; Redden v. Spruance, 4 Harr. 47; 1 Greenl. Ev. § 436, and authorities cited. And it is within the discretion of the court,…
2Cases cited3 opinions
- Lawrence v. BarkerNew York Supreme Court · 1830
- Williams v. New England Mutual Fire InsuranceSupreme Judicial Court of Maine · 1850
- Howland v. WillettsThe Superior Court of New York City · 1851
3Cited by3 opinions
- Wisconsin Screw Company v. Fireman's Fund Insurance CompanyCourt of Appeals for the Seventh Circuit · 1962
- New Hampshire Insurance v. SchofieldSupreme Court of New Hampshire · 1979
- Wisconsin Screw Co. v. Fireman's Fund Insurance Co.District Court, E.D. Wisconsin · 1961