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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 and... "
A Treatise on the Law of Torts, Or, The Wrongs which Arise Independent of ... - Page 584
by Thomas McIntyre Cooley - 1888 - 899 pages
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 32

New Jersey. Court of Chancery - Law reports, digests, etc - 1880
...or false, is wholly immaterial ( Wright v. Snowe, 2 DeG. g Sm. S2T); for the affirmation of what oue does not know or believe to be true, is equally, in...affirmation of what is known to be positively false. Anslie v. Medlycott, 9 Ves. 21 ; Taylor v. Ashton, 11 M. g W. 401 ; Doggelt v. Emmerson, 3 Story C....
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volume 1

Joseph Story - Equity - 1839 - 712 pages
...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...affirmation of what is known to be positively false. 5 And even if the party innocently misrepresents a fact by mistake, it is equally conclusive; for it...
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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 9

Alabama. Supreme Court - Law reports, digests, etc - 1846
...knew it to be false, or made the assertion without any precise knowledge on the subject is immaterial, for the affirmation of what one does not know, or...affirmation of what is known to be positively false. So if a party innocently misrepresents a fact by mistake, it is equally conclusive ; for it operates...
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A Treatise on the Law of Principal and Agent: Chiefly with Reference to ...

William Paley - Agency (Law) - 1847 - 685 pages
...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...false. And even if the party innocently misrepresents a fact by mistake, it is equally conclusive ; for it operates as a surprise and imposition on the other...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 2

Georgia. Supreme Court - Equity - 1847
...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...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 Cases Argued and Determined in the Supreme Court of ..., Volume 18

Alabama. Supreme Court - Law reports, digests, etc - 1841
...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...affirmation of what is known to be positively false," and he adds, "even if the party innocently misrepresents a material fact by mistake, it is equally conclusive,...
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Reports of Cases Decided in the High Court of Chancery: With Notes and ...

Great Britain. Court of Chancery - Equity - 1847
...whether it were true or false, is wholly immaterial ; for the affirmation of what one does not knnw, or believe to be true, is equally in morals and law,...unjustifiable as the affirmation of what is known to be positive, ly false. And even if the party innocently misrepresents a fact by mistake, it is equally...
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The Law of Contracts: In a Course of Lectures Delivered at the Law Institution

John William Smith - Contracts - 1847 - 386 pages
...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 in equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 6

Georgia. Supreme Court - Equity - 1849
...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...affirmation of what is known to be positively false." Story's Com. on Eq. 193. This rule of manifest equity and sound morality, we have seen, was recognized...
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Reports of Cases Decided in the High Court of Chancery of Maryland ...

Maryland. Courts: High Court of Chancery - Equity - 1851
...party believed in its truth, and, if it is false, is deceived by it. For, as Mr. Justice Story says, "the affirmation of what one does not know or believe...and law as unjustifiable, as the affirmation of what one knows to be positively false." 1 Story's Eq., sec., 193. Now, it may very well be, that the defendant,...
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