 | New Jersey. Court of Chancery - Law reports, digests, etc - 1880 - 942 pages
...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...affirmation of what is known to be positively false. Anslie v. Medlycott, 9 Ves. 21 ; Taylor v. Ashton, 11 M. g W. 401 ; Doggelt v. Emmerson, 3 Story C.... | |
 | Joseph Story - Equity - 1839 - 658 pages
...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...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... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1841 - 912 pages
...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...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... | |
 | William Paley - Agency (Law) - 1847 - 732 pages
...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...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... | |
 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...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...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... | |
 | Great Britain. Court of Chancery - Equity - 1847 - 634 pages
...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... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1849 - 916 pages
...on the subject, is Terrell v. Kirksey. equally in morals and law, as unjustifiable as the assertion of what is known to be positively false. So, if a party innocently misrepresents a fact by mistake, the same consequences follow ; for it operates as a surprise and imposition on the other party. But... | |
 | John William Smith - Contracts - 1847 - 438 pages
...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 in equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively... | |
 | Georgia. Supreme Court - Equity - 1849 - 714 pages
...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... | |
 | Maryland. Courts: High Court of Chancery - Equity - 1851 - 616 pages
...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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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... 
