Sechrist v. Atkinson
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict,, in an action by a broker to recover commissions. The Court in the opinion stated the facts as follows: This action was begun in the justice’s court by Joseph R. Atkinson, a real-estate broker, to recover the sum of $240 claimed as commission on a sale of certain premises made by him for the defendant.
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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, on verdict,, in an action by a broker to recover commissions. The Court in the opinion stated the facts as follows: This action was begun in the justice’s court by Joseph R. Atkinson, a real-estate broker, to recover the sum of $240 claimed as commission on a sale of certain premises made by him for the defendant. On appeal from a judgment for plaintiff in-that court, judgment was rendered for plaintiff for said sum in the supreme court of the District. The bill of exceptions shows that the…
1Opinion of the CourtChief Justice Shepard
We are of the opinion that it was error to admit in evidence the memorandum claimed to have been made by the plaintiff at the time of his first interview with the defendant. A memorandum of the kind may be referred to by a witness to refresh his memory where he has no distinct, independent recollection of the facts recorded, or the date of the occurrence. Whether, under the conditions stated, the memorandum so made by one party may be introduced in evidence on his behalf, presents a question concerning which there is a decided conflict of am thority. This question is an open one in the…
2Cases cited2 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Bates v. PrebleSupreme Court of the United States · 1894
3Cited by6 opinions
- Shea v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1942
- Killeen v. United StatesDistrict of Columbia Court of Appeals · 1966
- Lady v. Realty Associates, Inc.District of Columbia Court of Appeals · 1943
- Paul T. Stone, Inc. v. MetzlerCourt of Appeals for the D.C. Circuit · 1938
- Weimann v. SheppardDistrict of Columbia Court of Appeals · 1944
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