Case Summary. "Solicitors as to lot 11 - Messrs. Oscar Mason & Co., Cliffords Inn, Fleet Street, E.C.4.". bearing upon its value and what it was likely to bring in on the death of the annuitant. Warnock used the word "thugs" in a 2015 sermon. Phone Number: (404) 702-TMND +1 phone. . The state of Maryland passed a law requiring importers of foreign goods to . It is very often said, and truly said, that sach case must depend upon its own faots; and I apprehend that the real question for tho court is to say, on the basis of the fasts and the context of this case, whether this is an instance in which the representation that the vendor has reasonable grounds for his belief ought to be imported. Condition 6 related to expenses and condition 7 to requisitions on title. He, therefore, has available to him a considerable amount of fact quite unknown to the purchaser; and available to him obviously also would be means of information and of inquiry. When the contract was signed, the purchaser did not even know the name of the annuitant. That, therefore, is the end of the matter. Most Popular #114667. In 1951, Oliver Brown sued the school district of Topeka for forcing his daughter, Linda Brown, to travel across town to attend her school when a "whites-only" school was far closer. There followed in heavy leaded type. ACCEPT, this conclusion the judge relied upon two authorities in particular: Smith v Land and House Property Corporation (1884) 28 ChD 7, and, (1779) 1 Dougl 260, 261; Traill v. Baring (1864) 4 DJ & S 318, 326.26 Esso Petroleum Co Ltd v. Mardon [1976] QB 801.27 Brown v. Raphael, or that they were2 [1927] AC 177.3Edgington vFitzmaurice (1885) 29 Ch D 459.4Bissett vWilkinson [1927] AC 177, 182.5 (1884) 28 Ch D 7.6. DocketDescription: Default notice sent-appellant notified per rule 8.100(c). No question now arises as to dishonesty, so that we must now consider the case on the footing that it is open to the plaintiff to prooeed on the basis of innocent misrepresentation. The circumstances of the annuitant were not facts peculiarly within the knowledge of the defendant. (DH is Guatemalan) DD1: Maya 05/10. That subject matter having been put up for auction on the date I mentioned, the plaintiff in the present proceedings entered into a contract for purchase of the.reversion at the sum of 2,825: but the contract was not completed by January of 1956. Aristotle wears blue and brown that is the colors of earth and water which have gravity, which have weight. 23 In Smith v Land and House Property Corporation the plaintiff put up a hotel for sale, stating in the particulars . and he was satisfied that the managing clerk, though in this respect, unhappily, quite inept, was none the less honest. 25. Dr. Raphael J. Sonenshein is the Executive Director of the Pat Brown Institute for Public Affairs at Cal State LA. ; Notes: dismissal order to appellant - added apt. Second, he must show that the representation is untrue; and, third, he must show that the plaintiff in entering into the contract was induced so to do in reliance upon it. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Raphael V Brown; Raphael V Brown, Age 52. aka Rafael Brown, Raphael Racette, Rachel Rusch, Veudal R Brown. The test is whether e representations were true to the best of the plaintitf's knowledge and Delief. I can find no basis in authority or good sense for that view, and I reject it. The reversion is sold subject to all death and other duties which may be or become payable in respect thereof. But, if that was all there was in the matter, plainly the defendant would succeed on the judge's finding: for the judge has held that there wae here no dishonesty on the part of the defendant or his agent; in other words, he has held that the defendant through his agent did believe that the annuitant had no aggregable estate. DocketDescription: Appeal dismissed per rule 8.100(c). The School of Athens was the third painting Raphael completed after Disputa (representing theology) and Parnassus (representing literature). Raphael Brown Popularity . Q1. It was not made in circumstances such as those envisaged by Bowen L.J. The grounds upon which the belief was expressed were set out in summary by the judge in his judgment. Because I think much in the case depends upon the exact nature of the subject-matter of the sale as stated in the particulars, I shall take time to read what was described as "Lot 11" more or less fully. Stakkato de Stakkato (SPR: 1,45 m con Joachim Winter,,HM 2001: 160.000 ,Licencia de ganador de reserva Verden 2001,Licencia de ganador Verden 2001,Grande-Preis 2011,Semental hannoveriano del ao 2019); Magic Mike 10 v. Messenger (SPR: L); Doha 7 v. Diacontinus (SPR: L,VA 2022); Hann.Pr.St. Then: "2. in 2007. If you do not agree with these terms, then do not use our website and/or services. So, for example, where I am in a better position than the other party to check the facts to back up my opinion, but did not do so, I am liable for misrepresentation (Brown v Raphael [1958] solicitor made opinion on trust fund held honestly on a fact "believed to have no aggregable estate" to vendor though no reasonable grounds for believing so. The vendor sells as the trustes in bankruptcy of the benefiolal owner. In Economides v Commercial Assurance Co Plc [1998] QB 587, the Court of Appeal addressed a case in which a son declared on a proposal form that to the "best of his knowle . Brown v. Maryland, 25 U.S. (12 Wheat.) Join Facebook to connect with Raphal Brown and others you may know. Cancellation and Refund Policy, Privacy Policy, and consols, of estimated value 5,210. Smith v Land and House Property Corporation 684) 28 Ch.D. 7. Advanced A.I. The sale particulars prepared for the vendor of an absolute reversion in a trust fund on the death of an annuitant contained the statement that the annuitant was "believed to have no aggregable estate." It is not easy to decide what is and what is not aggregable estate. ; Notes: Filed 6/22/22 Miguel Raphael, Trial Court Name: San Diego County Superior Court - Main; County: San Diego; Trial Court Case Number: 22FL006009C; Trial Court Judge: Robinson, Alana. Manage Settings The absolute reversion receivable on the decease of a lady aged 69 (born 30th December, 1885) to the whole of a trust fund now represented by 8,000 2 per cent consols, of estimated value 5,2lO Next in italics, appear these three lines: This sum has been set aside to pay an annuity of 200 per annum to the Lady mentioned above The trustee is the Public Trustee Estate duty will be payable on the death of the annuitant who is believed to have no aggregabe estate" Then appear additions conditions of sale as to Lot The first mstates that the reversion is derived under a will bearing a particular date and the probate of the will is to constitute the root of title. It is very often said, and truly said, that sach case must depend upon its own faots; and I apprehend that the real question for tho court is to say, on the basis of the fasts and the context of this case, whether this is an instance in which the representation that the vendor has reasonable grounds for his belief ought to be imported. Lives in Panama City, Panama. 51). He contended that that meant that he honestly believed that 16,000 . The plaintiff should not be allowed to take the point that the expression of opinion carried with it any such implication. In Hands v Simpson, Fawcett & Co Ltd (1928) 44 TLR 295 the facts of the case were as follows. Description: Default notice received-appellant notified per rule 8.140(a)(1). (See cases such as Brown v Raphael [1958] Ch 636.) Impact of Brown v. Board of Education. In a case where the facts are equally well known to both parties, what one of them says to the other is frequently nothing but an expression of opinion. 636 are inot in point. He received his B.A. As I have already said, if that is not so, business relationships become quite impossible. The next thing to notice, I think, about the particulars is the item at the end: "Solicitors as to lot 11 - Messrs. Oscar Mason & Co." - a well-known firm of solicitors of standing and repute. Before moving to Raphael's current city of Los Angeles, CA, Raphael lived in Atlanta GA, Beverly Hills CA and Alpharetta GA. Raphael V Brown, Rapheal V Brown, Raphel Brown and Veudal R Brown are some of the alias or nicknames that Raphael has used. That condition stated, among other things, that "the vendor accepts no responsibility as to what duties will in fact become payable nor as to the amount which will become payable." The judge was obviously somewhat troubled by the extraordinary fact that any responsible member of a well-established firm of solicitors could possibly have asserted a belief upon such flimsy grounds. He was specifically referring to police . Second, he must show that the representation is untrue, and, third, he must show that the plaintiff in entering into the contract was induced so to do in reliance upon it. 6 This was shown in the case of With v O'Flanagan (1936) 7 , this failure to disclose a change of circumstance may be the relevant case law to establish Owen's potential misrepresentation. R&B Singer. It's positioned facing Disputa and symbolizes philosophy, setting up a contrast between religious and lay beliefs. Short of writing to the vendor's solicitors, who are named in the particulars, and persuading them to help him in ascertaining further particulars, I cannot see that he was in a position to do anything whatever for himself. A short time later, the telephoned him to say that they would return his car on the condition that they paid them 500. ; Notes: dismissal order to appellant, Description: Mail returned and re-sent. #3612, Description: Mail returned, unable to forward. Select this result to view Raphael Brown's phone number, address, and more. Study with Quizlet and memorize flashcards containing terms like What is misrepresentation?, No Mis rep where, Brown v Raphael and more. The judge heard the plaintiff and was quite satisfied that the plaintiff did in fact rely upon this representation. Mr. Lindner argued that to hold, as the judge did, affirmatively on that point was to lay down the principle that wherever it is stated that one party entertains a particular belief then it must follow that there is a representation that he has grounds reasonably supporting his belief. No question now arises as to dishonesty, so that we must now consider the case on the footing that it is open to the plaintiff to prooeed on the basis of innocent misrepresentation. The question therefore arises: is that all that these few words import? . On the other hand, the vendor, who has to be identified for this purpose, as I think, with the bankrupt herself, the owner of the reversion, was in a far stronger position - to put it at its lowest - than was the purchaser to ascertain all relevant facts bearing upon this reversion, and more particularly. The learned Judgs acquitted the defendant and his agents and representatives of dishonesty, but he has held the plaintiff entitled to relief on the basis of an innocent material misrepresentation on which the plaintiff had acted. The first is to my mind the must significant: and perhaps the most difficult: Is there here a representation of a material faot? Cases involving other matters not classified elsewhere, 890, 1890, 1990, 2890, 2899, 2999, 3375, 3890, 3896, 3899, 3999, 4890, 4896, 4999, Description: Mail returned, unable to forward. 569, 570, 80 L. Ed. Usher. Raphael Brown. 9 distinct works Similar authors. That being so, I should have thought that it was fairly obvious that the statement purporting to come, as it did come, from the vendor's solicitors, and expressing a belief vital in relation to this legal transaction, inevitably would suggest to the purchaser that the opinion was being expressed upon reasonable grounds; for it was a matter which everybody concerned, and especially a solicitor, must know would vitally affect the value of the reversion which the purchaser was proposing to buy, in that a matter which obviously affects the value of a reversion more than anything else is whether the value of it will be reduced because of the principle of aggregation when it falls in. In other words, the condition seems to me to deal with an entirely different point and cannot, in my judgment, in the least qualify the representation which I hold was earlier made as an inducement and, in fact, relied upon by the plaintiff. This case was filed in California Courts of Appeal, Fourth Appellate District - Division 1 located in Statewide, California. It is material to observe that it is often fallaciously assumed that a statement of opinion cannot involve the statement of a fact. The absolute reversion receivable on the decease of a lady aged 69 (born 30th December, 1885) to the whole of a trust fund now represented by 8,000 2 per cent consols, of estimated value 5,2lO Next in italics, appear these three lines: This sum has been set aside to pay an annuity of 200 per annum to the Lady mentioned above The trustee is the Public Trustee Estate duty will be payable on the death of the annuitant who is believed to have no aggregabe estate" Then appear additions conditions of sale as to Lot The first mstates that the reversion is derived under a will bearing a particular date and the probate of the will is to constitute the root of title. Sen. Raphael Warnock, D-Ga., spoke in support of Supreme Court nominee Ketanji Brown Jackson during her Senate confirmation vote on April 7. In the light of that Monica Longmore stated in her affidavit in the proceedings entitled Barrington Earl Frankson v Monica Longmore Suit No C L F 141 of 93 at page . DR. RAPHAEL J. SONENSHEIN. His successful albums are Rated Next (1997), Welcome II Nextasy (2000), Pure. If the grounds which he had were not reasonable, the court would have to consider what would be reasonable grounds. And the best part of all, documents in their CrowdSourced Library are FREE. [LORD EVERSHED M.R. and T. Michael Eastham for the defendant. The statement of such opinion is in a sense a statement of a fact, about the condition of the man's own mind, but only of an irrelevant facts.for it is of no consequence what the opinion is But if the facts are not equally known to both sides, then a statement of opinion by the one who knows the facts beet involves very often a statement of a material fact, for he impliedly states that he knows facts which justify his opinion". As the judge pointed out, anybody who has any experience in dealing with properties of this kind must be very much alive to that point. Read Brown v. Minor, Civil Action No. I will say at ones that, though Mr. Lindner has pat all the points forcibly and attractively before us, in my judgment there is no ground shown for this court to disturb the learned judge's conclusions. John Legend. This historic decision marked the . Smith v. Land and House Property Corporation (1884) 28 Ch.D. I entirely agree with everything my Lord has said. Facebook gives people the power to. Condition 6 relates to expenses and condition 7 relates to requisitions of title. Are your business contracts compliant? Those are matters of fact, however, peculiar to Smith's case. 5 is that the particulars of the investment are as provided by the Public Trustee Office on a particular date "and are believed to be correct and the reversion is sold subject to such variation as may occur therein before completion of sale. This sum has been set aside to pay an annuity of 200 per annum to the lady mentioned above. This was a sale of an absolute reversion in a trust fund. Share. Cf. Current Address: YUHB Cascade Rd SW, Atlanta, GA. Past Addresses: Los Angeles CA, Atlanta GA +6 more. Chief Justice Earl Warren delivered the unanimous ruling in the landmark civil rights case. The defendant, the trustee in bankruptcy, is the vendor who asserts the belief. [Reference was also made to The Moorcock.6], The issue was whether the defendant honestly believed what he said. His Lordship continued:] The question then arises whether that information was such as to justify a reasonable person, who had any awareness of the significance of the matter, asserting as an inducement to a possible purchaser that the annuitant was believed to have no aggregable estate? An example of data being processed may be a unique identifier stored in a cookie. 5 is that the particulars of the investment are as provided by the Public Trustee Office on a particular date "and are believed to be correct and the reversion is sold subject to such variation as may occur therein before completion of sale. Montgomery White Q.C. it is open to the plaintiff to proceed on the basis of innocent misrepresentation. 3 the vendor is expressly exonerated from liability for death duties and other duties payable and did not accept any responsibility to make compensation for any error. See Photos. Dated:; Notes: 7/15/22, Description: Notice of appeal lodged/received. But if the facts are not equally known to both sides, then a statement of opinion by the one who knows the facts best involves very often a statement of a material fact, for he impliedly states that he knows facts which justify his opinion." Second, he observes that for that possibility to arise one party must know the facts better than the other. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. I think the proposition, so illustrated, has really only to be stated to be rejected. I observe two things; first that the Lord Justice is not laying down a universal rule. The trustee in bankruptcy repudiated that claim, and he on his side, by counterclaim, aought to enforce the contract. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. The Little Flowers of St. Francis. Brown v Raphael 1958 The D through his agent solicitors made a statement to the from LAWS 2112 at The University of Queensland. Report Reply. The defendants had signed a sponsorship agreement, but now resisted payment saying that one of the five, Geri, had given notice to leave the group, substantially changing what had been . Those are matters of fact, however, peculiar to Smith's case.1 For present purposes the guidance I seek to get is to be found in the language of Bowen L.J., who said2: "In considering whether there was a misrepresentation, I will first deal with the argument that the particulars only contain a statement of opinion about the tenant. ; Notes: Pursuant to California Rules of Court, the appeal filed June 22, 2022, is DISMISSED for Appellant's failure to timely pay the filing fee and designate the record (Cal. ; Notes: Pursuant to California Rules of Court, the appeal filed June 22, 2022, is DISMISSED for Appellant's failure to timely pay the filing fee and designate the record (Cal. The conditions continued: "2. July 4, 2022 brown v raphaelbritish white cattle for sale in washingtonbritish white cattle for sale in washington I am quite unable to accept that argument. I observe that this was a sale subject to a reserve price. ; Notes: appellate packet. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Mr. Lindner argued that to hold,. But I lay down no such general proposition. He could not compel her to disclose anything. The group was founded by R.L. Brown v. Board of Education of Topeka was a landmark 1954 Supreme Court case in which the justices ruled unanimously that racial . The first is, to my mind, the most significant and perhaps the most difficult: is there here a representation of a material fact? They were charged for conspiracy to rob. Sources. I put to Mr. Lindner the suggestion that if. .Cited Spice Girls Ltd v Aprilia World Service Bv ChD 24-Feb-2000 Disclosure Duties on those entering into contract The claimants worked together as a five girl pop group. Those are matters of fact, however, peculiar to. I will therefore deal, though I hope not at too great length, with each of the three essential points in turn. It was suggested that somehow or other that so qualified the effect of the preceding representation as to make it ineffective for the purposes of this action. BROWN v. RAPHAEL. The statement that the vendor believed that the annuitant had no aggregable estate was a statement of opinion which was made, as the judge found, honestly. That being so, I should have thought that it was fairly obvious that the statement purporting to come, as it did come, from the vendor's solicitors, and expressing a belief vital in relation to this legal transaction . [His Lordship referred to the inquiries made by the managing clerk summarized above, commenting that the information that the annuitant spent some part of her time at Nice was somewhat significant and since the amount of the annuity was 200 sterling per annum it might have been thought that that at any rate carried a certain element of caution with it. ROMER L.J. Raphael Brown is 52 years old today because Raphael's birthday is on 09/20/1970. Huggard and brothers Terry "T-Low" Brown and Raphael "Tweet" Brown. He was convicted of dangerous driving and banned from driving for three months. two recent appeals in this Court namely W. Bentley Brown v. Raphael Dillion and Sheba Vassel (1985) 22 J.L.R. Email Address: h GBDE @yahoo.com +3 emails. 's statement.8 He has to show that the vendor knew facts which falsified his statement of opinion and that those facts were peculiarly within his knowledge. mermaid sightings in ireland; is color optimizing creme the same as developer; harley davidson 1584 cc motor; what experiment did stan have in mind answers At an early stage in this appeal the question arose whether, on the pleadings if fraud was rejected, it remained open to the plaintiff to proceed on the ground of innocent misrepresentation; and we cams to the conclusion that he was so entitled. Want to Read. At first sight, therefore, this is a stateaent of an opinion; but, of course, a statement of opinion is always to this extent a stateaent of fact, that it is an assertion that the vendor does in fact hold the opinion which he states. The vendor sells as the trustee in bankruptcy of the beneficial owner. It is admitted that this was a statement inducing a contract and that the words had importance in relation to the value of the interest, but by the additional conditions of sale No. The question here is whether in this case and in the context of these particulars concerning. A NSW barrister who claimed to have "attempted chivalry" has admitted to sexually harassing a young female solicitor in a Supreme Court conference room. DocketDescription: Mail returned, unable to forward. Brown v. Raphael. Michael J. Raphael is an Associate Justice for the Fourth District Court of Appeal, Second Division in California. The draft form of particulars sent by the auctioneers was amended by the solicitors and returned to them; and the trustee in bankruptcy naturally and properly relied upon it. It is material to observe that it is often fallaciously assumed that a statement of opinion cannot involve the statement of a fact. ; Notes: dismissal order to appellant - added apt. Jobs for Teachers Submit Your Ideas Job Position Top 100 Global Law Firms If you Register, you will then be able to receive Rewards and payment for your playlists Build Playlists Learn anything, find Free online Lectures and Classes from the world's most Select Universities Education Weather Wages In the end the plaintiff, the purchaser, stated that he had been misled by the representation which he said was to to found in the third line of the italics, the words "who is believed to have no aggre gable estate". . 4 Smith v Land and House Property Corp (1884) 28 Ch D 7 [15] (Bowen LJ). Little Rock Nine. The judge has acquitted the defendant of fraud here and the plaintiff has not shown that the defendant had no grounds for the statement which the judge found he honestly believed. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. In a case where the facts are equally well known to both parties, what one of them says to the other is frequently nothing but an expression of opinion. Semental Stolzenberg/v. I observe two things; first that the learned Lord Justice is not laying down a universal rule. Clarkstown opposed the move, and the company then brought suit, raising the unconstitutionality of Clarkstown . lot 11 such a representation of reasonable grounds to support the belief ought to emerge; and, as the judge held, I think that in this case the answer is in the affirmative. 5 Brown v Raphael (1958) Ch 636. misrepresentation. It was said that it would suffice for the accountant, the vendor, to say: "I made no inquiries myself. 77 and Barrington Frankson v. Monica Longmore Motion No. The question which arose there emerged from a reference in the particulare to the effect that the tenant of the hotel was regarded by the vendor as a most desirable tenant. Smith v. Land and House property Corporation, Economides v Commercial Assurance Company Plc, Sykt Pengangkutan Sakti Sdn Bhd v Tan Joo Khing t/a Bengkel Sen Tak, Cemp Properties (UK) Ltd v Dentsply Research & Development Corporation and Another (No. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Plaintiff CHERYL BROWN realleges and restates each and every material allegation as contained in the facts common to all counts, and alleges and states in addition . The best result we found for your search is Raphael Brown age 40s in Orlando, FL. The decision partially overruled the Court's 1896 decision Plessy v.Ferguson, which had held that racial segregation . He was elevated to the Court of Appeal by former Governor Jerry Brown on July 24, 2018. On 08/18/2022 ALLIED ORION GROUP LLC filed a Property - Residential Eviction lawsuit against RAPHAEL BROWN.This case was filed in Volusia County Courts, Daytona Beach Courthouse Annex located in Volusia, Florida. But I lay down no such general proposition. In a case where the facts are equally well known to both parties, what one of them says to the other is frequently nothing but an expression of opinion. In his legal docs, he accused Juliette of abusing their son and daughter, and plotting to move the children to Minnesota, where her family lives, Contact Music reports. 47 Year Olds. State-sanctioned segregation of public schools was a violation of the 14th Amendment and was therefore unconstitutional. by. That really is all that he knew. Also within the case of Brown v Raphael (1958) Ch 636 6 it was established that an opinion may be actionable as a misrepresentation where the representor is in a far stronger position to ascertain the facts than the respersentee. Holmes took no part in the consideration or decision of the case. 13/99 [Downer, Langrin, Panton JJA] delivered July 31, 2000. observe that he is not saying that one party must know all the facts; it suffices for the application of the principle if it appears that between the two parties one is better equipped with information or the means of information then the other. The essential words are those which I have already read more than once - "who" - that in the annuitant - "is believed to have no aggregable estate". It introduces and contextualizes them, looks at how and why they were made, and discusses each subject individually in . Lord Evershed MR, Romer LJ, Ormerod LJ if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[468,60],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); [1958] Ch 636, [1958] 2 WLR 647, [1958] 2 All ER 79if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[336,280],'swarb_co_uk-medrectangle-4','ezslot_9',113,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-4-0'); Applied Smith v London and House Property Corporation CA 1884 Bowen LJ said: In considering whether there was a misrepresentation, I will first deal with the argument that the particulars only contain a statement of opinion about the tenant. I think the question has only to be put to be answered. This is clearly relevant in Michael's case. View the profiles of people named Raphal Brown. Raphael Brown. Therefore the statement "who is believed to have no aggregable estate" is one obviously and vitally affecting the subject-matter being offered. Condition 4 stated where completion was to take place. There is always a great element of chance in purchasing a reversionary interest. Helvering v. San Joaquin Co., 297 U.S. 496, 499, 56 S.Ct. Contract - Representation - Representation of opinion - Implied representation of reasonable grounds therefor - Sales particulars - Reversion on death of annuitant - Annuitant "believed to have no aggregable estate" - Statement as to material fact by well-known solicitors to induce purchase - No reasonable supporting grounds - Vendor's means of knowledge superior to purchaser's. Discuss with particular reference to the issue of consent and to relevant case law. The statement of such opinion is in a sense a statement of a fact, about the condition of the man's own mind, but only of an irrelevant facts.for it is of no consequence what the opinion is But if the facts are not equally known to both sides, then a statement of opinion by the one who knows the facts beet involves very often a statement of a material fact, for he impliedly states that he knows facts which justify his opinion".