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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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Virginia Appeals: Decisions of the Supreme Court of Appeals of ..., Volume 18

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1919 - 660 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...
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United States Supreme Court Reports, Volume 10

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...
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2 years transportation progress, Volume 150

Law reports, digests, etc - 1915
...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...
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A Treatise on the Rescission of Contracts and Cancellation of ..., Volume 1

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...
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The Kentucky Judicial Dictionary: Being a Compilation of All Words ..., Volume 2

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,...
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Ruling Case Law: As Developed and Established by the Decisions ..., Volume 16

William Mark McKinney, Burdett Alberto Rich - Law - 1917
...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...
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Commentaries on Equity Jurisprudence as Administered in England ..., Volume 1

Joseph Story - Equity - 1918
...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...
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Cases Decided in the Supreme Court of Appeals of Virginia, Volume 125

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1920
...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...
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Cases Determined in the Supreme Court of Washington, Volume 112

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,...
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Illustrative Cases on Equity Jurisprudence

Archibald Hall Throckmorton - Equity - 1923 - 611 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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