Action on a claimed oral renewal of a burglary insurance policy. Nearly six months after the alleged renewal W made an affidavit stating that she heard defendant's agent tell plaintiff that plaintiff's policy had been renewed. This affidavit was drawn up by plaintiff's attorney. On the trial eight years later W was unable to recall any such conversation and the affidavit did not refresh her memory. The court over objection admitted the affidavit itself in evidence. Held, since the affidavit was not made at or near the time of the event recorded, and was drawn up by one of the lawyers in the case, the court erred in admitting it in evidence. Rice v. Fidelity and Casualty Co. of New York, 250 Mich. 398, 230 N. W. 181 (1930).
WITNESSES-REFRESHING MEMORY-PAST RECOLLECTION,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol29/iss2/37