Maugham v Hubbard

Facts

A witness was called to prove that he had received a sum of money. He could not remember it. He was shown an unstamped receipt signed by himself. He said he had no doubt he had received the amount stated, though he still had no recollection of the payment.

Issue

Is it enough that a document convinces the witness he must have done the act, although he still does not remember it?

Held

Yes. The court held that his belief, produced by seeing his own receipt, was evidence of the payment.

Principle

Refreshing memory includes a case where the document produces a conviction that the fact happened, and not only a case where the witness then remembers it.

Why it matters

The proposition is that a copy, or a defective original, can be used if the witness can then swear to the fact. The receipt here was unstamped, and still sufficient.

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