 wilfully," however, in that rule, we must understand, if not that the party represents that to be true which he knows to be untrue, at least that he means his representation to be acted upon, and that it is acted upon accordingly ; and if, whatever a...  The American Law Register - Page 6021868Full view - About this book
 | Law reports, digests, etc - 1874 - 1086 pages
...Bears (ubi supra"), must be considered as established. By the term wilfully, however, in that rule we must understand (if not that the party represents that to be true which we find to be untrue), at least, that he means his representation to be acted upon, and that it is... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 892 pages
...deceiving," is to be taken with this explanation, that, by the term "wilfully," must be understood, if not that the party represents that to be true which...acted upon accordingly; and if, whatever a man's real meaning may be, he so conducts himself that a reasonable man would take the representation to be true,... | |
 | Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 912 pages
...not that the party represents that to l;e true which he knows to be untrue, at least, that he mcavi his representation to be acted upon, and that it is...acted upon accordingly ; and if, whatever a man's real meaning may be, he so conducts himself that a reasonable man would take the representation to be true,... | |
 | Great Britain. Bail Court - Civil procedure - 1850 - 808 pages
...Pickard v. Sears, must be considered as established. By the term " wilfully," however, in that rule we must understand, if not that the party represents...acted upon accordingly ; and if, whatever a man's real meaning may be, he so conducts himself that a reasonable man would (a) 6 A. & E. 469, 474. (6) 3 B.... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1897 - 796 pages
...in this connection, was subsequently explained in Freeman v. Cooke, 2 Exch. 654, where it was said: "If, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it,... | |
 | William Mawdesley Best - Cross-examination - 1854 - 928 pages
...Sanderson v. Cullman, 4 SEbF-REGARDING EVIDENCE. 619 fully" in this rule must, however, be understood, " if not that the party represents that to be true which...may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it,... | |
 | James Kent - Law - 1854 - 728 pages
...33 existtng at the same time. lty the term wilfull,j, it must bo understood, if not that the parly represents that to be true which he knows to be untrue,...acted upon, and that it is acted upon accordingly ; yet, generally, without regard to intention, if the party 6O conducts himself as to deceive a reasonable... | |
 | John William Smith - Law reports, digests, etc - 1855 - 798 pages
...' wilfully' in that rule must bo understood, if not that the party represents that to be the truth which he knows to be untrue, at least, that he means his representation to be acted upon, and that is acted upon accordingly ; and if, whatever a man's real meaning may be, he so conducts himself, that... | |
 | Ontario. Court of Common Pleas - Law reports, digests, etc - 1856 - 594 pages
...Pickard and Sears, and Gregg and Wells, that by the term "wilfully" in the rule thereby established we must understand, if not that the party represents...acted upon, and that it is acted upon accordingly — Lyon v. Reed (13 M. & W. 309), as to estoppel in pait. Parke, B., suggested in Freeman v. Cooke... | |
 | Great Britain. Parliament. House of Lords, Charles Clark, William Finnelly - Law reports, digests, etc - 1857 - 1044 pages
...Pickard v. Sears, must be considered as established. By the term ' wilfully,' however, in that rule, we must understand, if not that the party represents...may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it,... | |
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