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" We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it  "
Reports of Cases Decided in the Appellate Courts of the State of Illinois - Σελίδα 436
των Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1894
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

A Treatise of the Law Relative to the Rights of Lien and Stoppage in Transitu

Richard Whitaker - 1812 - 280 σελίδες
...done against the original consignee,) because the court considered it a settled principle of law, that wherever one of two innocent persons must suffer by...third person to occasion the loss, must sustain it; and the consignor by indorsing the bill of lading to the consignee, by his own act empowered the latter...

Term Reports in the Court of King's Bench, Τόμος 2

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 898 σελίδες
.../*.+ fr «r4v <*•*. °nc of two innocent persons must suffer by the acts of a third, V ~//r (O ? he who has enabled such third person to occasion the loss must sustain it. If that be so, it will be a strong and leading clue to the decision of the present case. It has been...

A Practical Treatise on Bills of Exchange, Checks on Bankers, Promissory ...

Joseph Chitty - 1818 - 892 σελίδες
...laid down as a general principle, ' that whenever one of two innocent persons must suffer by the act of a third, he who has enabled such third person to occasion the loss, must sustain it *. And if a person who has not given a consideration for a lost or stolen bill transferrable by mere...

An Analytical Digested Index to the Term Reports and Others: Containing All ...

Anthony Hammond - 1819 - 618 σελίδες
...Inhabitants of Ribchestcr, 2 M. & S. 138. (f) Of the election of a sufferer between two innocent persons. 1. Wherever one of two innocent persons must suffer by...the loss, must sustain it. Lickbarrow v. Mason, 2 TR 70 ; SC 5 TR 683 ; l HB357; 2H.B. eil. 2. In a case where one of two innocent persons must suffer by...

A Treatise on the Law of Mortgages

John Joseph Powell - 1822 - 648 σελίδες
...thereof advanced their money. And this is consistent with the broad general principle of- law, that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such person to occasion the loss, must sustain it. Therefore, if a consignee of goods upon the sea assign...

A Treatise on the Law of Auctions, with an Appendix of Precedents

Richard Babington - 1826 - 300 σελίδες
...consignee, is sufficient to deprive the seller of his right to stop in transitu.c Upon the principle, that wherever one of two innocent persons must suffer by...third person to occasion the loss must sustain it ; it has been held, that if a consignee assign bills of lading to a third person bondjide and for a...

A Practical Treatise on Bills of Exchange: Checks on Bankers, Promisory ...

Joseph Chitty - 1826 - 710 σελίδες
...laid down as a general principle, that whenever one or two innocent persons must suffer by the act of a third, he who has enabled such third person to occasion the loss, must sustain it.c And if a person who has not given a consideration fur a loss or stolen bill transferrable by mere...

A Treatise of the Law Concerning the Liabilities and Rights of Common Carriers

George Frederick Jones - 1827 - 220 σελίδες
...lay it down as a broad general principle, that whenever one of two innocent persons must suffer for the acts of a third, he who has enabled such third person to occasion the loss must sustain it." He then agrees with the opinion of Lord Mansfield in Wright v. Campbell, which will be noticed hereafter,...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 3

Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1882 - 562 σελίδες
...And Ashfiurst, J. in 2 Term, 72, lays it down as a broad, general principle, that "whenever one of two innocent persons, must suffer by the acts of a...third person to occasion the loss, must sustain it." Forrest, by giving Z. hia unqualified note, enabled him to offer, and to pell it to C. as a valid note;...

Reports of Cases Decided in the Court of Chancery of the State of ..., Τόμος 51

New Jersey. Court of Chancery - 1894 - 722 σελίδες
...70, in stating the same doctrine, said : " Whenever one of two innocent persons must suffer a loss by the acts of a third, he who has enabled such third person to occasion the loss must sustain it." And in Barnard v. Campbell, 65 NY 456, 463, the rule was laid down in this form : " That as between...




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