“Where a party to whose oath the resting-owing of a debt, or a payment, is referred, swears that he does not remember receiving the goods charged for, or of his incurring the debt, or of receiving the alleged payment, such oath, as not being evidence of the point referred, may result in decree of absolvitor in his favour, where the whole circumstances tend to the conclusion that the non memini is not only an honest answer, but a reasonable one. But if the fact referred is so recent that the deponent cannot be believed to be ignorant of it, or to have forgotten it, he is considered as concealing the truth, and will be decerned against in the same manner as if he had refused to depone.” John Trayner, Trayner’s Latin Maxims 397 (4th ed. 1894).
non memini
non memini (non mem-[schwa]-nI). [Law Latin] Scots law. I do not remember. • The phrase appeared in reference to an oath in which one person swore no remembrance of a transaction.
