 | New Jersey. Court of Chancery - Law reports, digests, etc - 1880 - 942 pages
...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.... | |
 | Joseph Story - Equity - 1839 - 658 pages
...enumerated by Lord Hardwicke, to wit, fraud arising from facts and circumstances of imposition 4 . ยง 193. Whether the party thus misrepresenting a fact knew...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... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1846 - 1178 pages
...misrepresenting a fact 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...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... | |
 | William Paley - Agency (Law) - 1847 - 732 pages
...whether it was or was not." Per Lord Mansfield, Bree v. Holbech, Doug. 632. j| " Whether the party misrepresenting a fact, knew it to be false, or made...what is known to be positively false. And even if the party innocently misrepresents a fact by mistake, it is equally conclusive ; for it operates as... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1841 - 912 pages
...on. Judge Story asserts the doctrine thus broadly, "whether the party thus misrepresenting a material fact knew it to be false, or made the assertion without...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,... | |
 | Great Britain. Court of Chancery - Equity - 1847 - 634 pages
...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... | |
 | John William Smith - Contracts - 1847 - 438 pages
...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...what is known to be positively false; and even if the party innocently misrepresents a fact by mistake, it is equally conclusive, for it operates as... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...party misrepresenting a material fact, knew it to be false, or made the assertion without knowing; for the affirmation of what one does not know or believe...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... | |
 | John William Smith - Contracts - 1853 - 488 pages
...course of decision perfectly accords with the remark of Judge Story, cited by the English editor, that " the affirmation of what one does not know or believe...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... | |
 | Joseph Story - Equity - 1853 - 890 pages
...false, or made the assertion without knowing, whether it were true or false, is wholly immaterial ; a for the affirmation of what one does not know or believe...the affirmation of what is known to be positively false.3 And even if the party innocently misrepresents a material fact by mistake, it is equally conclusive,... | |
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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... 
