Appellate Court of Illinois, 1914

Barron v. Levinson

Barron v. Levinson
Appellate Court of Illinois · Decided December 31, 1914 · Pam
191 Ill. App. 35

Barron v. Levinson

Opinion of the Court

Mr. Justice Pam

delivered the opinion of the court.

2. Evidence, § 40*—when failure to deny material fact raises presumptive evidence would be unfavorable. There is a well-established principle of law that where a fact material to the issue is within the knowledge of one of .the parties to a lawsuit, the failure to disclose such fact, when the opportunity is offered, gives rise to the presumption that the evidence would have been unfavorable.

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