No evidence whatsoever was adduced by the Respondent respecting the issue to be decided and no submission was advanced respecting those assumptions. This adds flesh to the bones of Lord Mansfield's statement in Blatch v. Archer, supra, that: It is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
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