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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 Court of Chancery of the State of Michigan

Michigan. Court of Chancery, Ebenezer Burke Harrington - Court rules - 1872 - 491 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
...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 Supreme Court ...

New York (State). Supreme Court - Law reports, digests, etc - 1874
...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 - 564 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
...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 - 580 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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A Digest of All the Reported Decisions of the Supreme Court of the ..., Volume 1

Daniel Roberts - Law reports, digests, etc - 1878 - 866 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...
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The Federal Reporter

Law reports, digests, etc - 1926
...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...
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Reports of Cases Decided in the Court of Chancery, the Prerogative ..., Volume 5

John Hoff Stewart - Equity - 1880
...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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