Kirkpatrick v. Collins

Citations

• 95 Wash. 399
• 163 P. 919
• 1917 Wash. LEXIS 809

Syllabus

<p>Witnesses — Refreshing Memory — Memoranda—Admissibility— Evidence — Self-Serving Declarations. Memoranda used to refresh the memory of a witness are not admissible in evidence where the witness testifies from his present memory, and the memoranda were made by him and were self-serving declarations, without meaning except as explained by his oral testimony.</p> <p>Limitation of Actions — Removal of Bar — Part Payment — Evidence — Sufficiency—Burden of Proof. The evidence is insufficient to show a payment upon a note tolling the statute of limitations eight years after the last payment, where plaintiff’s testimony to that effect was contradicted by the testimony of the defendant, who was corroborated by one witness and certain circumstances; in view of the presumption in favor of the running of the statute in such case and the burden of proof upon the plaintiff to establish the contrary.</p>