 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
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1873 - 622 страница
...knowledge on the subject, is 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." In Munroe v. Pritchett, 16 Ala. 785, the law is stated thus: " From our own decisions, I think the... | |
 | Joseph Story - 1873 - 1008 страница
...Crosby, 1 Wood. & Minot, 352; Smith o. Babcock, 2 id. 246; Hammatt v. Emerson, 27 Maine, 308. sents a material fact by mistake, it is equally conclusive, for it operates as a surprise and imposition upon the other party.1 (a) [§ 193 a. The same general principles apply,... | |
 | New York (State). Supreme Court - 1874 - 838 страница
...immaterial; 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 false." 1 Story's Eq. Jur. 193, uotey. When a man asserts the existence of a fact, it should bo done... | |
 | Sir Thomas Wardlaw Taylor - 1875 - 632 страница
...in morals and law, as unjustifiable as the affirmation of what is known to be positively false(a). 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(fr). And the same general principles apply, whether... | |
 | Sir Thomas Wardlaw Taylor - 1875 - 640 страница
...Rawline v. Wickham, 1 Giff. 355 ; 3 U; A J. 304. affirmation of what one does not know or believe to be true is equally, in morals and law, as unjustifiable...the affirmation of what is known to be positively false(a). And •even if the party innocently misrepresents a material fact by mistake, it is equally... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1876 - 806 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,...mistake, it is equally conclusive ; for it operates as a surprise and imposition upon the other party." 1 Story Eq. Juris., sec. 193. See Crump v. United... | |
 | 1876 - 668 страница
...mistake, or ignorance of a material fact, is voidable and relievable in equity." And if one of the parties innocently misrepresents a material fact by mistake it is equally conclusive, for it operates as a surprise and imposition upon the other party.—(1 Storys. Eq. Pr., llth Ed., §§ 140, 147, 193... | |
 | Joseph Story - 1877 - 936 страница
...true or false, is wholly immaterial;8 for the affirmation of what one does not know or believe to be true is equally, in morals and law, as unjustifiable...the affirmation of what is known to be positively false.9 And even if the party 178, 195; Pideock r. Bishop, 3 B. & Cressw. 605; Smith v. The Bank of... | |
 | John William Smith - 1878 - 596 страница
...with the remark of Judge Story, that ', the affirmation of what one does not know or bclieee to he true, is equally in morals and law as unjustifiable...affirmation of what is known to be positively false ;" while it is not at nil inconsistent with the language quoted from Ormrod e. Huth, that "if the representation... | |
 | William Wait - 1878 - 1026 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, and even if a party innocently misrepresents a fact by mistake, it is as equally conclusive, for it operates as... | |
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