 | Law reports, digests, etc - 1905 - 1120 pages
...knowledge; and in such case it is not necessary to make any further proof of an actual intent to deceive. The fraud consists in stating that the party knows...warrant or excuse a statement of actual knowledge." Chatham Furnace Co. v. Lawrence Moffatt, 147 Mass. 404, 18 NE 168, 9 Am. St. Rep. 727. In the case... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1889 - 708 pages
...knowledge ; and in such case it is not necessary to make any further proof of an actual intent to deceive. The fraud consists in stating that the party knows...warrant or excuse a statement of actual knowledge. This rule has been steadily adhered to in this Commonwealth, and rests alike on sound policy and on... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1889 - 990 pages
...case it is not necessary to make any further proof of an actual intent to deceive. The fraud exists in stating that the party knows the thing to exist...must ordinarily be deemed to know that he does not. Chatham Furnace Company v. Aloffatt, 727. 8. FALSE KEVRESENTATIONS. — DEFENDANT WHO REPRESENTS THAT... | |
 | Frederick Pollock - Torts - 1890 - 694 pages
...proof of an actual intent to deceive. The fraud consists in stating that the party knows the tiling to exist, when he does not know it to exist ; and...must ordinarily be deemed to know that he does not" (/). Perhaps it would have been better on principle to hold the duty in these cases to be qitasi ex... | |
 | Francis Marion Burdick - Torts - 1891 - 416 pages
...knowledge ; and in such case it is not necessary to make any further proof of an actual intent to deceive. The fraud consists in stating that the party knows...warrant or excuse a statement of actual knowledge. This rule has been steadily adhered to in this Commonwealth, and rests alike on sound policy and on... | |
 | Appellate courts - 1905 - 856 pages
...knowledge; and in such case it is not necessary to make any further proof of an actual intent to deceive. The fraud consists in stating that the party knows...warrant or excuse a statement of actual knowledge." Chatham Furnace Co. v. Lawrence Moffatt, 147 Mass. 404, 18 NE 168, 9 Am. St. Rep. 727. In the case... | |
 | Frederick Pollock - Torts - 1892 - 802 pages
...knowledge; and in such case it is not necessary to make any further proof of an actual intent to deceive. The fraud consists in stating that the party knows...must ordinarily be deemed to know that he does not " (/). Perhaps it would have been better on principle to hold the duty in these cases to be quasi ex... | |
 | Ernest Wilson Huffcut, Edwin Hamlin Woodruff - Contracts - 1894 - 762 pages
...knowledge ; and in such case it is not necessary to make any further proof of an actual intent to deceive. The fraud consists in stating that the party knows...warrant or excuse a statement of actual knowledge. This rule has been steadily adhered to in this commonwealth, and rests alike on sound policy and on... | |
 | Frederick Pollock - Torts - 1894 - 842 pages
...knowledge; and in such case it is not necessary to make any further proof of an actual intent to deceive. The fraud consists in stating that the party knows...must ordinarily be deemed to know that he does not " (/ ). Perhaps it would have been better on principle to hold the duty in these cases to be quasi... | |
 | Robert Stewart Morrison - Mining law - 1894 - 712 pages
...intent to deceive. Chatham Co. v. Moffatt, 16, 103 53. The fraud exists in stating that the party knoies the thing to exist when he does not know it to exist, and if he does not know it to exist, be must ordinarily be deemed to know that he does not. Id. 53. Opinions and statements as to amount... | |
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The fraud consists in stating that the party knows the thing to exist, when he does not know it to exist; and if he does not know it to exist, he must ordinarily be deemed to know that he does not. Forgetfulness of its existence after a former knowledge,... 
