Barron v. Levinson

Appellate Court of Illinois

Barron v. Levinson

191 Ill. App. 35

Appellate Court of Illinois·Decided December 31, 1914·No. Gen. No. 18,567·Published

Opinion

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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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.

Barron v. Levinson, 191 Ill. App. 35 (Ill. Ct. App. 1914).

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