This case has been cited 1 times or more.
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2004-08-13 |
TINGA, J, |
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| Still, in the absence of evidence to the contrary, we can conclude that there was no negligence on Samsung Construction's part. The presumption remains that every person takes ordinary care of his concerns,[56] and that the ordinary course of business has been followed.[57] Negligence is not presumed, but must be proven by him who alleges it.[58] While the complaint was lodged at the instance of Samsung Construction, the matter it had to prove was the claim it had alleged - whether the check was forged. It cannot be required as well to prove that it was not negligent, because the legal presumption remains that ordinary care was employed. | |||||