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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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The Bar: West Virginia, Volume 14

Law - 1907
...to create an impression which is false, and then profiting by the false impression thus created. 10. The affirmation of what one does not know or believe to be true is equally, in morals and law, as unjust as the affirmation of that known to be positively false. 11. Where there is misrepresentation...
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Torts. Damages. Domestic relations

Albert Hutchinson Putney - Law - 1908
...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, " Toner vs. Menssdorffer, 123 Cal., the falsity of the statement is 462; 56 Pac.,...
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Popular Law Library, Putney...

Albert H. Putney - Law - 1908
...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, " Toner vs. Menssdorffer, 123 Cal., the falsity of the statement is 462; 56 Pac.,...
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United States Supreme Court Reports, Volume 10

United States. Supreme Court - Law reports, digests, etc - 1911
...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 - 1779 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
...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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