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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 Practice Cases, Determined in the Courts of the State ..., Volume 3

Austin Abbott - Civil procedure - 1868 - 598 pages
...without knowing whether it were true or false, is wholly immaterial, for the affirmation of what he does not know or believe to be true is equally in...affirmation of what is known to be positively false. (1 Story Eq., 193.) This proposition was adopted by the court of appeals in Bennett v. Judson (21...
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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 believe to be 'rue, is equally in morals and law as unjustifiable as the affirmation of what is known to be positively...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 2

Charles Patrick Daly - Law reports, digests, etc - 1870 - 604 pages
...be false, or makes the assertion without knowing whether it be 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 in law, as unjustifiable as the affirmation of what is known to be positively false (1 Story Eq. ...
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Reports of Cases Determined in the Court of Chancery of the State of Michigan

Michigan. Court of Chancery, Ebenezer Burke Harrington - Court rules - 1872 - 504 pages
...to be false, or made the assertions without knowing whether they were true or false, is immaterial, 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 he knows to be positively false. (Ain.ilce v. Mcdlycott,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 37

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1873 - 622 pages
...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." In Munroe v. Pritchett, 16 Ala. 785, the law is stated thus: " From our own decisions, I think the...
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The New York Supreme Court Reports: Cases Determined in the ..., Volume 4

New York (State). Supreme Court - Law reports, digests, etc - 1874 - 838 pages
...be false, or 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 to be true is equally in morals and in law as unjustifiable as the affirmation of what is known to be false." 1 Story's Eq. Jur. 193, uotey....
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Commentaries on Equity Jurisprudence: Founded on Story

Sir Thomas Wardlaw Taylor - Equity - 1875 - 640 pages
...7 DM A G. 23 ; Pulsford v. Richards, 17 Beav. 94 ; Rawline v. Wickham, 1 Giff. 355 ; 3 U; A J. 304. affirmation of what one does not know or believe to...the affirmation of what is known to be positively false(a). And •even if the party innocently misrepresents a material fact by mistake, it is equally...
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Commentaries on Equity Jurisprudence, as Administered in England ..., Volume 1

Joseph Story - Equity - 1877 - 936 pages
...false, or made the assertion without knowing whether it were true or false, is wholly immaterial;8 for the affirmation of what one does not know or believe...the affirmation of what is known to be positively false.9 And even if the party 178, 195; Pideock r. Bishop, 3 B. & Cressw. 605; Smith v. The Bank of...
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The Law of Contracts

John William Smith - Conflict of laws - 1878 - 598 pages
...with the remark of Judge Story, that ', the affirmation of what one does not know or bclieee to he true, is equally in morals and law as unjustifiable...affirmation of what is known to be positively false ;" while it is not at nil inconsistent with the language quoted from Ormrod e. Huth, that "if the representation...
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A Treatise Upon Some of the General Principles of the Law: Whether ..., Volume 5

William Wait - Actions and defenses - 1878
...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 in law, as unjustifiable as the affirmation of what is known to be positively false, and even if a...
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