 | 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 - 1907 - 2094 pages
...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,... | |
 | Law - 1886 - 646 pages
...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... | |
 | 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... | |
 | Law reports, digests, etc - 1915 - 1288 pages
...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 - Real property - 1889 - 538 pages
...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 - 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... | |
 | 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 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. 
