 | North Carolina. Supreme Court - 1909 - Страниц: 1058
...fact. In the neat phrase of Lord Jtistice Bowen, in Edgington v. Fitzmau-- rice, LR, 29 Ch. Div., 459, 'The state of a man's mind is as much a fact as the state of his digestion.' And, therefore, such assertions, being taken on the credit of the declarant as testimonial evidence of the... | |
 | 1907 - Страниц: 2094
...have formed a basis for an action of deceit. There must be a misstatement of an existing fact : but the state of a man's mind is as much a fact as the state of his digestion. It is true that it is very difficult to prove what the state of a man's mind at a particular time Is,... | |
 | 1886 - Страниц: 646
...words, of the intention of the borrower, is a statement of an existing fact, Lord Justice Bowen adding: "The state of a man's mind is as much a fact, as the state of his digestion." The court also decides that it is'enough that the misrepresenation complained of should be a contributory... | |
 | 1903 - Страниц: 1044
...of a fact than is an assertion of any other sort of fact; In the neat phrase of Lord Justice Bowen, 'The state of a man's mind Is as much a fact as the state of his digestion;' and therefore such assertions, being taken on the credit of the declarant as testimonial evidence of the... | |
 | 1915 - Страниц: 1288
...have formed a basis for an action for deceit. Thef e must be a mlsstatement of an existing fact ; but the state of a man's mind is as much a fact as the state of his digestion. It is true that it is very difficult to prove what the state of a man's mind at a particular time is,'... | |
 | William Frederick Webster - 1889 - Страниц: 538
...have formed a basis for an action of deceit. There must be a misstatement of an existing fact ; but the state of a man's mind is as much a fact as the state of his digestion. It is true that it is .very difficult to prove what the state of a man's mind at a particular time... | |
 | Frederick Pollock - 1890 - Страниц: 694
...itself a matter of fact, and capable (though the proof be seldom easy) of being found as a fact. " The state of a man's mind is as much a fact as the state of his digestion " (/). It is settled that the vendor of goods can rescind the contract on the ground of fraud if he... | |
 | Maurice Powell - 1891 - Страниц: 936
...a particular act may be a misstatcment of fact ; Edgington v. Fitzmuurice, 29 Ch. D. 459, CA ; for "the state of a man's mind is as much a fact as the state of his digestion; " Id. 483, per Bowcn, LJ It is now settled that in order, apart from statute, to maintain this action... | |
 | Frederick Pollock - 1894 - Страниц: 842
...itself a matter of fact, and capable (though the proof be seldom easy) of being found as a fact. " The state of a man's mind is as much a fact as the state of his digestion " (I). It is settled that the vendor of goods can rescind the contract on the ground of fraud if he... | |
 | Edwin Ames Jaggard - 1895 - Страниц: 700
...otherwise than as a fraud.7* The fact that an opinion is a state of the mind is no insuperable objection. "The state of a man's mind is as much a fact as the state of his digestion. It is true that it is very difficult to prove what is the state of a man's mind at a particular time;... | |
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There must be a misstatement of an existing fact: but the state of a man's mind is as much a fact as the state of his digestion. 
