Belknap Hardware Manufacturing Co. v. Sleeth

Citations

• 77 Kan. 164
• 93 P. 580
• 1908 Kan. LEXIS 238

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Review. This court may reexamine the findings of the district court based entirely upon written and documentary evidence when the case is presented here in practically the same aspect as in the trial' court.</p> <p>2. -Party as a Witness — Refusal to Testify — Presumption. Where the deposition of a non-resident party is taken at the instance of the adverse party the refusal of such witness to testify to material matters appearing to be within his knowledge, where no sufficient reason is given for such refusal, is the denial of a substantial right, and warrants the inference that the matter or information so withheld would, if divulged, have been unfavorable to such witness and of benefit to the party seeking it.</p> <p>3. Fraud — Evidence. Fraud, if it exists, is usually disclosed by the condition of the parties, the details of the transaction, and the surrounding circumstances; and the presumption arising from the refusal of a party, when examined as a witness, to give the material details within his knowledge of a transaction under investigation should be added to the facts and. circumstances proved in determining the good faith of such transaction.</p>