Cotton v James: 30 Jun 1830

The burden of proof can shift during the course of a trial. Silence in circumstances in which a party would be expected to answer might convert evidence into proof.


(1830) 1 B and Ad 128, [1830] EngR 713, (1830) 1 B and Ad 128, (1830) 109 ER 735




See AlsoCotton v James, Gent One and C 17-Jan-1829
In trespass for entering plaintiff’s dwelling-house and taking his goods on a plea justifying the trespass by proceedings under a commission of bankruptcy, and replication taking issue on the act of bankruptcy, the defendant is entitled to begn. . .
See AlsoCotton v James, Gent One, and C 18-Jan-1829
. .

Cited by:

CitedGibbs and others v Rea PC 29-Jan-1998
(Cayman Islands) The respondent worked for a bank. He disclosed a business interest, but that interest grew in importance to the point where he resigned in circumstances amounting to constructive dismissal. His home and business officers were raided . .
See AlsoJames, Gent, One and Co v Cotton 1831
. .
Lists of cited by and citing cases may be incomplete.

Evidence, Insolvency

Updated: 16 May 2022; Ref: scu.184695