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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... "
Reports of Cases Decided in the Court of Chancery, the Prerogative Court ... - Σελίδα 406
των John Hoff Stewart - 1880
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Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 32

New Jersey. Court of Chancery - 1880 - 942 σελίδες
...or false, is wholly immaterial ( Wright v. Snowe, 2 DeG. g Sm. S2T); for the affirmation of what oue does not know or believe to be true, is equally, in...false. Anslie v. Medlycott, 9 Ves. 21 ; Taylor v. Ashton, 11 M. g W. 401 ; Doggelt v. Emmerson, 3 Story C. C. 7S3. And even if the party innocently misrepresents...

Commentaries on Equity Jurisprudence: As Administered in England ..., Τόμος 1

Joseph Story - 1839 - 658 σελίδες
...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...affirmation of what is known to be positively false. 5 And even if the party innocently misrepresents a fact by mistake, it is equally conclusive; for it...

Reports of Cases at Law and in Equity, Argued and Determined in the ..., Τόμος 9

Alabama. Supreme Court - 1846 - 1178 σελίδες
...knew 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. So if a party innocently misrepresents a fact by mistake, it is equally conclusive ; for it operates...

A Treatise on the Law of Principal and Agent: Chiefly with Reference to ...

William Paley - 1847 - 732 σελίδες
...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...affirmation of what is known to be positively false. And even if the party innocently misrepresents a fact by mistake, it is equally conclusive ; for it...

Reports of Cases in Law and Equity, Argued and Determined in the ..., Τόμος 2

Georgia. Supreme Court - 1847 - 556 σελίδες
...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...affirmation of what is known to be positively false. And even if a party innocently misrepresents a fact by mistake, it is equally conclusive, for it operates...

Reports of Cases Argued and Determined in the Supreme Court of Alabama, Τόμος 18

Alabama. Supreme Court - 1841 - 912 σελίδες
...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...affirmation of what is known to be positively false," and he adds, "even if the party innocently misrepresents a material fact by mistake, it is equally...

Reports of Cases Decided in the High Court of Chancery ...: With Notes and ...

Great Britain. Court of Chancery - 1847 - 634 σελίδες
...whether it were true or false, is wholly immaterial ; for the affirmation of what one does not knnw, or believe to be true, is equally in morals and law,...unjustifiable as the affirmation of what is known to be positive, ly false. And even if the party innocently misrepresents a fact by mistake, it is equally...

The Law of Contracts: In a Course of Lectures Delivered at the Law Institution

John William Smith - 1847 - 438 σελίδες
...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 in equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively...

Reports of Cases in Law and Equity, Argued and Determined in the ..., Τόμος 6

Georgia. Supreme Court - 1849 - 714 σελίδες
...affirmation of what one does not know to be true, 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. It is a fraud, on account of which Equity will rescind the contract, and reinstate the parties in their...

Reports of Cases Decided in the High Court of Chancery of Maryland ...

Maryland. Courts: High Court of Chancery - 1851 - 616 σελίδες
...party believed in its truth, and, if it is false, is deceived by it. For, as Mr. Justice Story says, "the affirmation of what one does not know or believe...and law as unjustifiable, as the affirmation of what one knows to be positively false." 1 Story's Eq., sec., 193. Now, it may very well be, that the defendant,...




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