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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 in the Supreme Court of Appeals of Virginia, Volume 73

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1880 - 1036 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, unjustifiable as the affirmation of what is known to be positively false. And even if the party...
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A Treatise on the Law of Trusts and Trustees, Volume 1

Jairus Ware Perry - Trusts and trustees - 1882 - 744 pages
...be false or made the assertion without knowing whether it was true or false is wholly immaterial ; 4 for the affirmation of what one does not know or believe...the affirmation of what is known to be positively false.5 And even if a party innocently misrepresent a fact by mistake, it is equally conclusive ; for...
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The Northwestern Reporter, Volume 15

Law reports, digests, etc - 1883 - 994 pages
...knowing whether it were true or false, is wholly iminaierial, for the aHiriuation. of what one does nut know or 'believe to be true is equally, in morals...the party innocently misrepresents a material fact, it is equally conclusive, for it operates as a surprise and imposition upon the other parly." 1 Story,...
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The Boke Named The Gouernour: Deuised by Sir Thomas Elyot, Knight, Volume 2

Sir Thomas Elyot - Education of princes - 1883 - 680 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...affirmation of what is known to be positively false. ' — Ibid. p. 195. • ь ' The general theory of the law, in regard to acts done and contracts made...
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The Boke Named The Gouernour, Volume 2

Sir Thomas Elyot - Education of princes - 1883 - 682 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...affirmation of what is known to be positively false.'— Ibid. p. 195. ' • The general theory of the law, in regard to acts done and contracts made by parties,...
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The Pacific Reporter, Volume 27

Law reports, digests, etc - 1892 - 1156 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...and law, as unjustifiable as the affirmation of what isknown to be positively false. " IStory.Eq. Jur. §193, and note. See, also, Page v. Bent, 2 Mete....
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The Kentucky Law Reporter, Volume 6

Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - Law reports, digests, etc - 1885 - 914 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...unjustifiable as the affirmation of what is known to be false. And even if the party innocently misrepresents a material fact by mistake it is equally conclusive,...
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The American Decisions: Containing All the Cases of General Value ..., Volume 67

John Proffatt, Abraham Clark Freeman - Law reports, digests, etc - 1885 - 858 pages
...ivas true or false, is wholly immaterial; for the affirmation of what one does not know, or believes to be true, is equally, in morals and law, as unjustifiable...what is known to be positively false. And even if a party innocently misrepresents a material fact by mistake, it is equally conclusive, for it operates...
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The American Decisions: Containing All the Cases of General Value ..., Volume 51

Law reports, digests, etc - 1886 - 884 pages
...without knowing whether it were true or false, is wholly immaterial; for, it has been justly said, tho affirmation of what one does not know or believe to...affirmation of what is known to be positively false: 1 Story's Eq. Jur., sec. 193; Ainslie v. Medlycott, 9 Ves. 21. The present, therefore, seems to have...
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Commentaries on Equity Jurisprudence: As Administered in England ..., Volume 1

Joseph Story - Equity - 1886 - 838 pages
...exception of the EQUITY JURISPRUDENCE. [CHAP. vi. whether it were true or false, is wholly immaterial ; for the affirmation of what one does not know or believe to be true is one case of buying into a company (supra, Houldsworth ». Glasgow Bank), the prevailing rule in England...
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