Merwin v. Ward
Supreme Court of Connecticut
This was an action of trover for 1250 dozen of whips and whip-stocks. The cause was tried at Hartford, December adjourned term, 1842, before Slorrs, J. It was admitted, on the trial, that the defendants took the -property described in the declaration, and disposed of it, by virtue of legal process in their favour against Tilton E. Al-vord ; and that this property was a part of a larger quantity of whips and stocks, which were manufactured, about the Same time, in Westfield,…
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This was an action of trover for 1250 dozen of whips and whip-stocks. The cause was tried at Hartford, December adjourned term, 1842, before Slorrs, J. It was admitted, on the trial, that the defendants took the -property described in the declaration, and disposed of it, by virtue of legal process in their favour against Tilton E. Al-vord ; and that this property was a part of a larger quantity of whips and stocks, which were manufactured, about the Same time, in Westfield, Mass. The defendant claimed to have proved, that the whips and stocks in question had been bought and manufactured, by…
1Opinion of the CourtWaite, J.
The only question arising upon this motion, which we are now called upon to consider,is,whetherthe judge on the circuit erred in omitting to instruct the jury, that the plaintiff’s neglect to produce his books in evidence, raised a presumption that they contained entries adverse to his claim.
Where a party has in his possession a deed or other instrument, necessary to support his title, and he refuses to produce *380it, and attempts to make out his title, by other evidence, such refusal raises a strong presumption that the legitimate evidence would operate against him. Roe d. Haldane & al. v.…
2Cases cited1 opinion
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
3Cited by4 opinions
- Gillett v. JohnsonSupreme Court of Connecticut · 1861
- MacIejewska v. Lombard Bros., Inc.Supreme Court of Connecticut · 1976
- Cartier v. Trot Lumber Co.Illinois Supreme Court · 1891
- MacIejewska v. Lombard Bros., Inc.Supreme Court of Connecticut · 1976