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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 Determined in the Supreme Court of the State of ..., Volume 2

Washington (State). Supreme Court, Eugene Genroy Kreider - Law reports, digests, etc - 1892 - 770 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." 1 Story, Eq. Jur., 193, and note. See, also, Page v. Bent, 2 Mete. (Mass.) 371 ; Stone v. Denny,...
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A Treatise on the Law of Pleading Under the Code of Civil Procedure ...

Samuel Maxwell - Civil procedure - 1892 - 872 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...true is equally in morals and law as unjustifiable as what is known to be positively false; and even if the party innocently misrepresents a material fact...
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The Pacific Reporter, Volume 27

Law reports, digests, etc - 1892 - 1150 pages
...be false, or made the assertion without knowing whether it were true or false, is wholly imnmtorial; for the affirmation of what one does not know or believe...is equally, in morals and law, as unjustifiable as theattirmation of what isknown to be positively false. " 1 Story, Eq. Jur. 193, and note. See, also,...
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The Pacific Reporter, Volume 27

Law reports, digests, etc - 1892
...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 >qually, in morals and law, as unjustifiable as theaffirmation of what is known to be positively...
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Digest of Fire Insurance Decisions in the Courts of the United States, Great ...

George Ansel Clement - Fire insurance - 1893 - 768 pages
...to vitiate the insurance; an affirmation of what one does not justly know or believe to be true is as unjustifiable as the affirmation of what is known to be positively false. And an over-valuation by an agent is imputable to the principal. Home Insurance Co. v. Sakin, 14 Ins. L....
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The American State Reports: Containing the Cases of General Value ..., Volume 36

Abraham Clark Freeman - Law reports, digests, etc - 1894
...Fraud, 509, 516. tn Story's Equity, sec. 193, it is laid down that " affirmation of a material fact that one does not know or believe to be true, is, equally...mistake, it is equally conclusive, for it operates as surprise and imposition on the other." Representations by a party having means of knowledge in regard...
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The South Western Reporter, Volume 24

Law reports, digests, etc - 1894
...for the affirmation ал true of a thing which one does not know to be true is, in law and morals, as unjustifiable as the affirmation of what is known to be positively false. The allegations show that appellee was In a position to have superior Information as to the number...
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Handbook of Equity Jurisprudence

Norman Fetter - Equity - 1895 - 463 pages
...recklessly makes a representation without knowing whether it be true or false, he is equally bound by 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...
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Commentaries on the Law of Trusts and Trustees: As Administered in ..., Volume 1

Charles Fisk Beach - Trusts and trustees - 1897 - 1100 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.' * * * I think the conclusion may be deduced that although in an action on the case to recover for the...
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