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" Whether the party thus misrepresenting a fact, knew it to be false, or made the assertion without knowing whether it were true or false, is wholly immaterial, for the affirmation of what one does not know, or believe to be true, is equally, in morals... "
The Southwestern Reporter - Страница 355
1892
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A Compendium of the Law and Practice of Injunctions: And of ..., Том 1

Robert Henley Eden Baron Henley - 1852
...made the assertion without knowing; for the affirmation of what one does not know or believe to be true, is equally in morals and law, as unjustifiable...affirmation of what is known to be positively false. Aud even if the party innocently mis-states a material iact, it is equally conclusive, because it operates...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Том 14

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1867
...is responsible. — 1 Story's Eq. Jur. 193, note I ; 9 Ves. 21 ; Freem. H. 57; 2 liro. Ch. 389. 2. And even if the party innocently misrepresents a material...mistake, it is equally conclusive, for it operates as a surprise and imposition upon the other party. — 1 Story's Eq. Jur. 193, note 2. •3. The general...
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The Law of Contracts: A Course of Lectures

John William Smith - 1853 - 487 страница
...Story, cited by the English editor, that " the affirmation of what one does not know or believe to be true, is equally in morals and law as unjustifiable...affirmation of what is known to be positively false;" while it is not at all inconsistent with the language quoted from Ormrod v. Huth, that " if the representation...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1865
...true or false, is wholly immaterial ; for the affirmation of what one does not know or believe to be true is, equally in morals and law, as unjustifiable as the affirmation of what is known to be false." "Whether a party thus misrepresenting a fact," &c. Read the previous section, 192: "When the...
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Commentaries on Equity Jurisprudence, as Administered in England and ..., Том 1

Joseph Story - 1866
...true or false, is wholly immaterial ; 9 for the affirmation of what one does not know or believe to be true is equally, in morals and law, as unjustifiable as the affirmation of 1 See Laidlaw v. Organ, 2 Wheaton, R. 178, 195 ; Pidcock v. Bishop, 3 B. & Cressw. 605 ; Smith v. The...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Том 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867
...true or false, is wholly immaterial; for the affirmation of what one does not know or believe to be true is equally, in morals and law, as unjustifiable...affirmation of what is known to be positively false." (1 Story Eq., 193, and see note.) In the case before us the representations of the defendant's agent...
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A Treatise on the Law of Marine Insurance and General Average, Том 1

Theophilus Parsons - 1868
...true or false, is wholly immaterial ; for the affirmation of what one does not know, or believe to be true, is equally in morals and law as unjustifiable...what is known to be positively false. And even if a party innocently misrepresents a fact by mistake, it is equally conclusive; for it operates as a...
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A Treatise on the Law of Marine Insurance and General Average, Том 1

Theophilus Parsons - 1868
...false, is wholly immaterial ; for the affirmation of what one does not know, or believe to be 'rue, is equally in morals and law as unjustifiable as the...what is known to be positively false. And even if a party innocently misrepresents a fact by mistake, it is equally conclusive ; for it operates as a...
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Reports of Practice Cases, Determined in the Courts of the State of ..., Том 3

Austin Abbott - 1868
...true or false, is wholly immaterial, for the affirmation of what he does not know or believe to be true is equally in morals and law as unjustifiable...affirmation of what is known to be positively false. (1 Story Eq., 193.) This proposition was adopted by the court of appeals in Bennett v. Judson (21...
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Reports of Cases Argued and Determined in the Court of Common Pleas ..., Том 2

Charles Patrick Daly - 1870
...; for the affirmation of what one does not know or believe to be true is equally, in morals and in law, as unjustifiable as the affirmation of what is known to be positively false (1 Story Eq. 193). This proposition was adopted by the Court of Appeals in Bennett v. Judson (21...
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