 | North Carolina. Supreme Court - 1909 - 1058 sivua
...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...the declarant as testimonial evidence of the fact asserted, are met by the hearsay rule (on the principle explained, ante,, section 99a). To admit them,... | |
 | 1907 - 2094 sivua
...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,... | |
 | 1915 - 1288 sivua
...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 - 538 sivua
...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 - 694 sivua
...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 - 936 sivua
...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 - 842 sivua
...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 - 700 sivua
...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;... | |
 | John Frederic Clerk, William Harry Barber Lindsell, Thomas Hollis Walker - 1896 - 824 sivua
...misrepresentation as to a person's intention will not suffice, but that view seems to be mistaken. " 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,... | |
 | 1896 - 590 sivua
...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,... | |
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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. 
