 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1919 - 658 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 to be true is equally, in morals and in law, unjustifiabb as the affirmation of \vhat is kno\\n to be positively false. And even if the... | |
 | United States. Supreme Court - Law reports, digests, etc - 1911 - 1132 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...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... | |
 | Law reports, digests, etc - 1915 - 1236 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 believe...true is equally in morals and law as unjustifiable ns the affirmation of what Is known to be positively false. And even If the party Innocently misrepresents... | |
 | Henry Campbell Black - Contracts - 1916 - 994 pages
...untrue. In such a case he acts falsely, to his own knowledge, and the law imputes a fraudulent intent.488 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.4" Hence we have... | |
 | Fred P. Caldwell - Encyclopedias and dictionaries - 1916 - 1200 pages
...knew it to be false or made the assertion without knowing whether it was true or not, is immaterial, for the affirmation of what one does not know or believe to be true is as equally unjustifiable as the affirmation of what is known to be false. Foard v. McComb, 12 Bush,... | |
 | William Mark McKinney, Burdett Alberto Rich - Law - 1917 - 1284 pages
...objection, of the rent is such a ratification.19 42. What Constitutes Fraud. — It is a general rule that the affirmation of what one does not know or believe...the affirmation of what is known to be positively false,20 and this rule has been applied to representations by a lessor as to facts not supposed in... | |
 | Joseph Story - Equity - 1918 - 752 pages
...equally in morals and law as unjustifiable as the affirmation of what is known to be positively false.6 And even if the party innocently misrepresents a material fact by mistake, 1 Cottingham v. Ins. Co., 168 NC 259, 84 SE 274. * White Sewing Machine Co. v. Bullock, 161 NC 1, 76... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1920 - 984 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 to be true is 42 Opinion. equally, in morals and in law, unjustifiable as the affirmation of what is known to be... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - Law reports, digests, etc - 1921 - 840 pages
...knowing whether it were true or false, is wholly immaterial ; for the affirmation of what one docs not know or believe to be true is equally, in morals...affirmation of what is known to be positively false. ' 1 Story, Eq. Jur., § 193, and note. See, also, Page v. Bent, 2 Metc. (Mass.) 371; Stone v. Denny,... | |
 | Archibald Hall Throckmorton - Equity - 1923 - 640 pages
...516, In Story, Eq. Jur. § 193, it is laid down that affirmation of a rnaterial fact that "one_does not know or believe to be true is equally .in morals...affirmation of what is known to be positively false; and^even Tf the £artyjnnocently_ misrepresents a materialfact'Hy" "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 and... 
