Memorandum

Let it be remembered

When legal instruments were in Latin, a writing, for which no technical form was prescribed, but which was drawn up to embody and preserve some transaction, often commenced with the word memorandum, — let it be remembered, — and then procame to be the name of any informal writing. It has some technical uses. It was applied in former practice in English common-law courts to two or three papers often used in suits. Thus, in proceedings by bill, there was a record of incidental proceedings which was called the memorandum. The note made of a party's appearance was called memorandum of appearance. Memorandum of agreement. The statutes of frauds prohibit recovery upon agreements embraced within certain classes, unless a note or memorandum of the agreement is made and signed by the party sought to be charged. No particular form or requisites are, in general, required in these memoranda: if the essential elements of a valid contract can be gathered from the paper, this is sufficient. The word memorandum is doubtless employed to signify that the writing may be informal.

Memorandum articles

Articles as to which the liability of an insurer is usually limited by a special clause in or accompanying the policy, known as the memorandum clause. Memorandum of association. A document to be subscribed by seven or more persons associated for a lawful purpose, by subscribing which, and otherwise complying with the requisitions of the companies acts in respect of registration, they may form themselves into an incorporated company, with or without limited liability.

3 Steph. Com. 20.

Memorandum check

It is very customary among merchants for a borrower to give his check instead of his note to the lender, for the amount of the loan; writing upon the check, however, the contraction mem., for memorandum. This signifies that the check shall not be presented at bank, but the maker wiU redeem it at the agreed time. What is known among merchants as a " memorandum check " is distinguishable, in view of the usage relative to such checks, and operates as an unconditional promise to pay the sum of money mentioned. The word memorandum is to be regarded not as something superadded to change the legal effect of a previously existing instrument, but as a part of the original paper.

TurnbuU v. Osborne, 12 Abb. Pr. N. 8.

200. policy of insurance, now usually incorporated in it, limiting the liability of insurers with respect to certain specified articles and risks. Memorandum in error. A writing, signed by a party desirous to bring " error in fact " for the purpose of reversing a judgment, or by his attorney. This species of memoi-andum was entitled in the court and in the cause, and delivered to one of the masters of the com-t in which the judgment has been given, accompanied by an affidavit of the matter of fact wherein the alleged error consists. Kerr Act. Law. But proceedings in error have been abolished in civil cases by the judicature acts, and orders under them.