 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 3551892Пуни преглед - О овој књизи
 | Robert Henley Eden Baron Henley - 1852 - 680 страница
...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... | |
 | 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 - 642 страница
...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... | |
 | John William Smith - 1853 - 488 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... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1865 - 726 страница
...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... | |
 | Joseph Story - 1866 - 860 страница
...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... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1867 - 644 страница
...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... | |
 | Theophilus Parsons - 1868 - 702 страница
...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... | |
 | Theophilus Parsons - 1868 - 700 страница
...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... | |
 | Austin Abbott - 1868 - 598 страница
...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... | |
 | Charles Patrick Daly - 1870 - 604 страница
...; 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... | |
| |
