Omnia praesumuntur contra spoliatorem -
All things are presumed against a wrong-doer.
The leading ease upon this subject is Armory v. Delamirie, which arose out of a chimney sweep boy having found a jewel set in a socket, which he took to a goldsmith's to know its value. He gave it to the goldsmith's apprentice for that purpose, but the apprentice, under pretense of weighing it, took out the stone and offered the boy three half-pence for it, which the boy refused, insisting upon having the jewel back. The apprentice, however, gave him back the socket only, with- out the stone, and the boy brought an action against the master for conversion of the jewel. It was held that the boy was entitled to recover for the conversion, and the jewel not being produced, the jury were directed that, unless the defendant produced the jewel, they should presume the strongest against him, and make the value of the best jewel the measure of their damages.
Case Reference - Wentworth v. Lloyd, 10 L. T. (N. 8.) 767.
