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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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Mississippi Reports ... Being Cases Argued and Decided in the ..., Volume 28

Mississippi. Supreme Court - Law reports, digests, etc - 1856 - 878 pages
...material fact, or make the assertion, without knowing it to be true or false, is wholly immaterial. For the affirmation of what one does not know or believe to be true is equally in law and morals, as unjustifiable as the affirmation of what is known to be positively false ; or even...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 16

Alabama. Supreme Court - Law reports, digests, etc - 1849 - 906 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 believe...affirmation of what is known to be positively false.'' See also Camp v. Camp, 2 Ala. Rep. 722-636; Young v. Harris, adm'r, ib. 108; Mahone v. Reeves, 11 Ala....
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Minnesota Reports: Cases Argued and Determined in the Supreme ..., Volume 23

Minnesota. Supreme Court - Law reports, digests, etc - 1879 - 632 pages
...party were such as might mislead the others, and did in fact mislead them, in making the contract.] And the affirmation of what one does not know or believe...affirmation of what is known to be positively false. Nor can it make any difference that the plaintiff innocently made the representations in question,...
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Southern Reporter, Volume 96

Law reports, digests, etc - 1923 - 1036 pages
...false, or made the representation without knowing whether it waa true or false, is wholly immaterial, for the affirmation of what one does not know or believe to be true, is equally, in moraU.and law, as unjustifiable as the affirmation of what is known to be positively false. And even...
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Commentaries on Equity Jurisprudence: As Administered in England and America

Joseph Story, Melville Madison Bigelow - Law - 2000 - 396 pages
...would doubtless say that he leliece,l his agent an honest man. If this is the true interpretaequally in morals and law as unjustifiable as the affirmation of what is known to be positively false. 1 And even if the party , Ainslie v. Medlycott, 9 Ves. 21; Gravest'. White, Freen,. R. 57. See also...
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Reports of Civil and Criminal Cases Decided by the ..., Volume 10; Volume 92

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1898 - 770 pages
...and 516.) In Story's Equity, section 193, it is laid down that "affirmation of a material fact that one does not know or believe to be true, is, equally...mistake, it is equally conclusive, for it operates as surprise and imposition on the other." Representations by a party having means of knowledge in regard...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 61

Iowa. Supreme Court - Law reports, digests, etc - 1884 - 842 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...the party innocently misrepresents a material fact, it is equally conclusive, for it operates as a surprise and imposition upon the other party." 1 Story's...
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Pennsylvania State Reports, Volume 2

Pennsylvania. Supreme Court - Law reports, digests, etc - 1846 - 568 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...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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