Hagenbaugh v. Crabtree
Illinois Supreme Court
Writ of Error to the Circuit Court of Douglas county; the Hon. O. L. Davis, Judge, presiding. This was an action of assumpsit instituted in the court below, by Crabtree, against Hagenbaugh. The case is sufficiently stated in the opinion of the court.
1Opinion of the CourtChief Justice Walker
The only question which we propose to consider in this case is, whether the ninth of plaintiff’s instructions to the jury was properly given. It is this: “When one party to a contract alleges a certain thing or things to be true concerning that contract, in the presence of the other party, and he remains silent, making no denial, that is a tacit admission of their correctness unless proved to the contrary.” That such evidence is proper for the consideration of a jury is undeniably true, but it is equally true that such evidence is not conclusive. Nor is such silence always evidence of the…
2Cited by3 opinions
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
- Baldarachi v. LeachCalifornia Court of Appeal · 1919
- Moran v. GordonAppellate Court of Illinois · 1889