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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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Handbook of Equity Jurisprudence

Norman Fetter - 1895 - 463 страница
...it; 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.14 So, also, n misrepresentation, innocently made, and with a belief in its truth will work an...
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Reports of Cases Heard and Determined in the Supreme Court of the ..., Том 13

New York (State). Supreme Court, Marcus Tullius Hun - 1876
...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 Story's Eq. Jur. [llth ed.], 140, 147, 193,...
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Commentaries on the Law of Trusts and Trustees: As Administered in ..., Том 1

Charles Fisk Beach - 1897
...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.' * * * I think the conclusion may be deduced that although in an action on the case to recover for the...
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Reports of Cases in the Supreme Court of Appeals of Virginia, Том 76

Virginia. Supreme Court of Appeals - 1900
...it to be true or false ; for the affirmation of what one does not know, is equally, in morals as in law, as unjustifiable as the affirmation of what is known to be positively false; and that, therefore, William R. Warren, acting as the agent of Milly Rice, represented the note of AW &...
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A Treatise on the American Law of Vendor and Purchaser of Real Property, Том 2

George William Warvelle - 1902
...NY ssWilcox v.Wesleyan University, 480. 32 Iowa 367; Porter v. Wilson, 35 so Meyer v. Amldon, 45 NY as unjustifiable as the affirmation of what is known to be positively false; and for this reason a statement of matters as facts, without knowledge as to their truth, is considered...
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Reports of Cases Determined in the Supreme Court of the State of ..., Том 26

Nevada. Supreme Court - 1903
...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." (Story, Eq. Jur. 193.) "Accordingly," says Judge Cooley...
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Abridgment of Elementary Law: Embodying the General Principles, Rules ..., Том 1

M. E. Dunlap (Counsellor at law) - 1905 - 600 страница
...; for the affirmation <f what one dor, riot know or believe to be true is iqually, in in >ra's an I law, as unjustifiable as the affirmation of what is known to be p isitively false. (Sec. 193.) It is immaterial whether the fraud was originally concocted by the principal...
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The American State Reports: Containing the Cases of General Value ..., Том 107

Abraham Clark Freeman - 1906
...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.' " In Sears v. Stinson, 3 Wash. 615, 29 Pac. 205, the 4a8 grantor represented to the grantee that the...
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The Encyclopedic Digest of Virginia and West Virginia Reports: Being ..., Том 6

Thomas Johnson Michie - 1906
...for the affirmation of what one does not know or believe to be true is equally, in morals and in law, unjustifiable as the affirmation of what is known to be positively false." Grim v. Byrd, 32 Gratt. 293, 300; State r. Berkeley, 41 W. Va. 455, 83 SE 608. Belief in Truth Has...
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Torts. Damages. Domestic relations

Albert Hutchinson Putney - 1908
...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...false. And even if the party innocently misrepresents a fact by mistake, " Toner vs. Menssdorffer, 123 Cal., the falsity of the statement is 462; 56 Pac.,...
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