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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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The Kentucky Law Reporter, Том 6

Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1885
...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. And even if the party innocently misrepresents a material fact by mistake it is equally conclusive,...
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The American Decisions: Containing All the Cases of General Value ..., Том 51

1886
...purchaser: Qr\ffm v. Chubb, 1 Tex. 603. AFFIRMATION OF WHAT ONE DOES NOT KNOW OR BELIEVE TO BE TRCB is equally in morals and law as unjustifiable as the...affirmation of what is known to be positively false: Juzan v. Toulmin, 44 Am. Dec. 448, and note. INSTRUCTIONS MCST BE TAKEN AND CONSIDERED m REFERENCE...
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Commentaries on Equity Jurisprudence: As Administered in England and ..., Том 1

Joseph Story - 1886
...say that he believed his agent an honest man. If this is the true interpretaQHAP. v1.] ACTUAL FEADD. equally in morals and law as unjustifiable as the affirmation of what is known to be positively false.1 And even if the party 1 Ainslie v. Medlycott, 9 Ves. 21; Graves». White, Freem. R. 57. See...
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A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of ...

Thomas McIntyre Cooley - 1888 - 899 страница
...true or false, is wholly im material ; 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." * Accordingly, where either of the two parties to...
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2 years transportation progress, Том 150

1915
...what one does not know or bebe true is equally in morals and law as unjustifiable as the aftirmavhat is known to be positively false. And even if the party innocently •sents a material fact by mistake, it is equally conclusive ; for it operi surprise and imposition...
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Rights, Remedies, and Practice, at Law, in Equity, and Under the ..., Том 5

John Davison Lawson - 1890
...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...the affirmation of what is known to be positively false.2 Where a party makes a misrepresentation of a fact supposed to be peculiarly within his knowledge,...
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A Treatise on the Law of Pleading Under the Code of Civil Procedure ...

Samuel Maxwell - 1892 - 872 страница
...affirmation of what one does not know or believe to be true is equally in morals and law as unjustifiable as what is known to be positively false; and even if...mistake, it is equally conclusive, for it operates as a surprise and imposition on the other party." * Express warranty. Where the action is on an express...
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Reports of Cases Determined in the Supreme Court of the State of ..., Том 2

Washington (State). Supreme Court, Eugene Genroy Kreider - 1892
...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. Jur., 193, and note. See, also, Page v. Bent, 2 Mete. (Mass.) 371 ; Stone v. Denny,...
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Digest of Fire Insurance Decisions in the Courts of the United States, Great ...

George Ansel Clement - 1893 - 690 страница
...to vitiate the insurance; an affirmation of what one does not justly know or believe to be true is as unjustifiable as the affirmation of what is known to be positively false. And an over-valuation by an agent is imputable to the principal. Home Insurance Co. v. Sakin, 14 Ins. L....
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The American State Reports: Containing the Cases of General Value ..., Том 36

Abraham Clark Freeman - 1894
...193, it is laid down that " affirmation of a material fact that one does not know or believe to be true, is, equally in morals and law, as unjustifiable...conclusive, for it operates as surprise and imposition on the other." Representations by a party having means of knowledge in regard to a matter, not possessed...
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