 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.  The Law of Torts - Page 446by John Frederic Clerk, William Harry Barber Lindsell, Thomas Hollis Walker - 1896 - 733 pagesFull view - About this book
 | North Carolina. Supreme Court - Law reports, digests, etc - 1909 - 1058 pages
...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... | |
 | Law reports, digests, etc - 1903 - 1044 pages
...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... | |
 | Frederick Pollock - Torts - 1890 - 694 pages
...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 discovers within... | |
 | Maurice Powell - Evidence (Law) - 1891 - 936 pages
...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 - Torts - 1894 - 842 pages
...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 - Torts - 1895 - 700 pages
...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...It is true that it is very difficult to prove what is the state of a man's mind at a particular time; but, if it can be ascertained, it is as much letters... | |
 | Frederick Pollock - Torts - 1895 - 718 pages
...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" (m). It is settled that the vendor of goods can rescind the contract on the ground of fraud if he discovers... | |
 | Electronic journals - 1896 - 590 pages
...rarely been disputed since Bowen, LJ, declared, in Edgington v. Fitzmaurice, LR 29 Ch. Div. 459, that " the state of a man's mind is as much a fact as the state of his digestion." If, then, this misrepresentation of a present fact is accompanied by the other elements of deceit,... | |
 | Simon Greenleaf - Evidence (Law) - 1899 - 1190 pages
...existence of a fact than is an assertion of any other sort of fact; in the neat phrase of LJ Bowen: 4 "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... | |
 | John Skirving Ewart - Estoppel - 1900 - 608 pages
...not caring whether it was true or not, they would be liable." •.'en, LJ, in another case1 said: lie state of a man's mind is as much a fact as the state of his digesUnder other circumstances also an expression of intention may involve a representation of fact.... | |
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