Summary
holding that a negative inference may be made when a party fails to produce a witness, "when it would be natural for the party to produce the witness if facts known by him had been favorable"
Summary of this case from Glen Rock Bldg. Supply, Inc. v. KlechaOpinion
Argued September 15, 1952 —
Decided September 22, 1952.
Appeal from Superior Court, Appellate Division.
Mr. Isadore Rabinowitz argued the cause for the appellant.
Mr. Jack Rinzler argued the cause for the respondents ( Messrs. Feder Rinzler, attorneys).
The judgment will be affirmed for the reasons expressed in the opinion of Judge McGeehan in the court below.
For affirmance — Justices OLIPHANT, WACHENFELD, BURLING and JACOBS — 4.
For reversal — Justice HEHER — 1.