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NeCede's

Maxim 9.3.14

Odious and dishonest acts are not presumed in law.

Source: Co. Litt. 78; Jackson v. Miller, 6 Wend. (N.Y.) 228, 231, 21 Am. Dec. 316; Nichols v. Pinner, 18 N.Y. 295, 300; Weisman, 89g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The law will not presume that any person acted dishonorably or committed an odious act; wrongdoing must be affirmatively proved, not inferred from mere suspicion.

Where this applies

  • A business partner is accused of secretly funneling company funds into his personal account — the court won't presume he did it; fraud must be proved with actual evidence, not assumed.
  • A trustee managed an estate for years, and an heir suspects mismanagement but has no proof — the law presumes the trustee acted honestly until dishonesty is affirmatively shown.
  • A public official is accused of accepting bribes based on nothing more than his expensive car — the law does not presume corruption from lifestyle alone.

Legal domains

Cite this maxim

NeCede Max. 9.3.14 — Odious and dishonest acts are not presumed in law. — Co. Litt. 78; Jackson v. Miller, 6 Wend. (N.Y.) 228, 231, 21 Am. Dec. 316; Nichols v. Pinner, 18 N.Y. 295, 300; Weisman, 89g

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