 | 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,... | |
 | 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... | |
 | 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.... | |
 | 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... | |
 | 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... | |
 | John William Smith - Conflict of laws - 1878 - 596 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... | |
 | William Wait - Actions and defenses - 1878 - 1026 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 and in law, as unjustifiable as the affirmation of what is known to be positively false, and even if a... | |
 | Daniel Roberts - Law reports, digests, etc - 1878 - 906 pages
...uttered, he makes the falsehood his own. Keyet v. Carpenter, 3 Vt. 209. 8. Falsehood at hap-hazard. The affirmation of what one does not know or believe to be true, intentionally made to induce another to enter into a contract, is in law as unjustifiable as the affirmation... | |
 | Law reports, digests, etc - 1926 - 1144 pages
...it to be false, or made the assertion without knowing it to be true or false, is wholly immaterial. The affirmation of what one does not know or believe...what is known to be positively false. And even if a party innocently misrepresents a fact by mistake, it is equally conclusive, because it operates as... | |
 | John Hoff Stewart - Equity - 1880 - 944 pages
...knowing whether it were true or false, is wholly immaterial ( Wright v. Snowe, 2 DeG. £ Sm. 321); for the affirmation of what one does not know or believe...affirmation of what is known to be positively false. Anslie v. Medlycott, 9 Ves. 21 ; Taylor v. Ashtan, 11 M. $ W. 401 ; Doggett v. Em mcr son, 3 Story... | |
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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... 
