Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1901-06-25


represented to defendant and others that
patent according to the original speci-
fications had been granted. Manifestly
he did not know whether his statement
were true or false, and he or his successor
in interest is liable if he asserted them to |
be true, not knowing whether they were
| true or false.
In Bennett V. JudsOn, 81 N. Y, 23S, the |
question was whether representations |
could be deemed fraudulent unless they |
| were known to be false. 1t was held |
| that one who, without knowledge of its
| truth or falsty, makes a material repre-
sentation is guilty of fr:,nd in legal con-
temptation as much as if he knew it to be
untrue.
The decision in Bennett v. Judson was
subsequently qualified by the case of
| Wax eman v. Daley, 81 N. Y. 30, to the
extent that the Injured party is not com
PEELED to prove that the person making
the representations knew them to be
false. If he assume or intend to convey
the impression that he has actual
knowledge Of their truth, when conscious
that he has not such knowledge, it is
enough
Indianapolis V. Tying, . Hun. 32l.
Daley V. Wake man, 81 \. y. 81.
! Judge Storey states the rule appli cable
t" this class of eases as follows: "Wheth-
er "A party misrrpresenting a material
fact knew it to be false, or made the as
srr,ion without knowing whether it was
true or f,!se is wholly immaterial: for
the affirmation of what one does not
= know or believe t. he true is equally i'll
morals and law u,justitiable the
r aft rmali0n of what is known to be false,
o and even if ihc party innocently mi>rep
# resents IA material fact by mistake, it is
: surprise and imposition upon the other
It party
a Storey Eq. Juris. 1913.
n "Accordingly,' says Judge Cooley il
h his work on T. rts page 4aS. when either
V # the two parties to a negotiation fu1
r the purchase of property makes mater
n ial representations of matters which h
It ayers or assumes to be within his owl
D. know ledge with intent that the Othe
of party shall act upon them, and these rep
at reservations are actually relied upon b,
=
rs tiation, and they prove to be false to hi
e. injury, a court of equity will treat tn
n case one of fraud, and give the prope
ed RELIEF, although the party making tn
or representations was not aware at IL
time Of their falsity.' Again at page s.
nd "Thrre are numerous cases in which
ed has been held that if a person makes
n material representation in relation to
ed matter susceptible of knowlegde, in sue
90, a manner as to import positive knowlede
ny of its truth or talSity, with intent tn;
to another should rely upon such represe1
nj tations, this is sufficient to establis
srs against him legal fraud, if the 9th,
al does rely upon it and it proves untru
ed The fraud here consists in the reck lie:
,92, assertion that that is true of which Il
ed party knows nothing, and deceving tt
,nt other party thereby, and even the actu
for belief of the party in the truth of VIII
ed. he asserts is immateral, unless he b.
ng some apparently good reason for his L
his lief, such, for example, as the positi,
,"s statements of others in whom he co
vas tided and was innocent of any attempt
ich misIead, or unless his representations r
It'll lated TO matters of opinion.'' See cas-
lso cited p. SOL.
10, Am. e Eng. Ency. Law, p. ZAP.
not Judgment reversed and cause reman
his ed for new trial.
al l concur in Judgment: Fitzgerald, J
llly Massey, c. J. being disqualified did Il
ep participate.
the Filed June 81, 1901,
It'll EUGENE HOWELL
rue Secretary of State and Ex-ot1icio Gle
Vas of the Supreme Court.
ent Filed with printer for publicati
sta June u, 1901.
ks. EUGENE HOWELL