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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 in Law and Equity, Argued and Determined in the ..., Volume 6

Georgia. Supreme Court - Equity - 1849 - 714 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...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 - 616 pages
...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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A Compendium of the Law and Practice of Injunctions: And of ..., Volume 1

Robert Henley Eden Baron Henley - Forms (Law) - 1852
...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...
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volume 1

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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The Law of Contracts: A Course of Lectures

John William Smith - Contracts - 1853 - 488 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 is equally, in morals an<l law, as unjustifiable as tlw affirmation of what is known to be positively false ; and even if...
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A Treatise on the Law of Contracts, Volume 1

William Wetmore Story - Contracts - 1856
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 42

New York (State). Supreme Court, Oliver Lorenzo Barbour - Law reports, digests, etc - 1865 - 726 pages
...be false, or made the assertion without knowing whether it was true or false, is wholly immaterial ; for the affirmation of what one does not know or believe...unjustifiable as the affirmation of what is known to be false." "Whether a party thus misrepresenting a fact," &c. Read the previous section, 192: "When the...
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Commentaries on Equity Jurisprudence, as Administered in England ..., Volume 1

Joseph Story - Equity - 1866 - 860 pages
...false, or made the assertion without knowing whether it were true or false, is wholly immaterial ; 9 for the affirmation of what one does not know or believe...morals and law, as unjustifiable as the affirmation of 1 See Laidlaw v. Organ, 2 Wheaton, R. 178, 195 ; Pidcock v. Bishop, 3 B. & Cressw. 605 ; Smith v. The...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 21

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1867 - 644 pages
.... Price. make 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." (1 Story Eq., 193, and see note.) In the case before us the representations of the defendant's agent...
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A Treatise on the Law of Marine Insurance and General Average, Volume 1

Theophilus Parsons - Average - 1868
...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...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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