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

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.