Lemke v. Thompson
North Dakota Supreme Court
Appeal from the District Court of Ramsey County,. Bullz, Judge. A witness may not be presented with a written statement, damaging to the adverse party and likely to induce the decision against such party, •and be asked to examine same to “refresh his memory” on an immaterial point with respect to which the witness already and correctly testified without having had his memory “refreshed.”
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Appeal from the District Court of Ramsey County,. Bullz, Judge. A witness may not be presented with a written statement, damaging to the adverse party and likely to induce the decision against such party, •and be asked to examine same to “refresh his memory” on an immaterial point with respect to which the witness already and correctly testified without having had his memory “refreshed.” Eurt-her, such written statement is a mere self-serving document, and incompetent as evidence. Dr. R. D. Eaton Chemical Co. v. Doherty, 31 N. D. 175, 153 N. W. 966; 10 Cyc. 2449, and cases cited; 11 Ene. Ev.…
1Opinion of the CourtGoss, J.
Action upon an account stated. The account originated with a sale in February, 1909, of merchandise, buildings, and lots to defendant for $5,807.42, under a written contract.
*197The complaint states that in September, 1909, an account stated was agreed upon whereunder defendant was owing plaintiff $826.84; that later offsets arose, and that a second and final account stated was entered into December 30, 1909, for $758.34, the amount sued for with interest.
The answer pleads the original contract in full with many set-offs and payments made thereon, aggregating more than the contract price, and…
2Cases cited4 opinions
- Tuggle v. MinorCalifornia Supreme Court · 1888
- Jasper Trust Co. v. LamkinSupreme Court of Alabama · 1909
- Ingle v. AngellSupreme Court of Minnesota · 1910
- Anderson Mercantile Co. v. AndersonNorth Dakota Supreme Court · 1911