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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. "
The American Reports: Containing All Decisions of General Interest Decided ... - Σελίδα 488
των Isaac Grant Thompson - 1881
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A Treatise of the Law Relative to the Rights of Lien and Stoppage in Transitu

Richard Whitaker - 1812 - 280 σελίδες
...original consignee,) because the court considered it a settled principle of law, 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; and the consignor by indorsing the bill of...

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

Anthony Hammond - 1819 - 618 σελίδες
...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 acts of a third, he who has enabled such third person to occasion the loss, must sustain it. Lickbarrow v. Mason, 2 TR 70 ; SC 5 TR 683...

A Treatise on the Law of Mortgages

John Joseph Powell - 1822 - 648 σελίδες
...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...

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

Richard Babington - 1826 - 298 σελίδες
...sufficient to deprive the seller of his right to stop in transitu." Upon the 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; it has been held, that if a consignee assign...

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

George Frederick Jones - 1827 - 216 σελίδες
...before the Court of King's Bench, Mr. Justice Ashurst began his judgment with thie proposition: (6) " We may 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."...

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
...stand for the sum actually paid, if, upon inquiry, any was paid. And Ashfiurst, J. in 2 Term, 72, lays it down as a broad, general principle, that "whenever...suffer by the acts of a third, he who has enabled such third person to occasion the loss, must sustain it." Forrest, by giving Z. hia unqualified note,...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Τόμος 7

Great Britain. Court of Common Pleas, Peregrine Bingham - 1831 - 850 σελίδες
...and in Lickbarrarw v. Mason (c) it is laid 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." The sole question, therefore, is, whether...

Reports of Cases Argued and Determined in the Courts of Common ..., Τόμος 5

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 874 σελίδες
...Ashhurst said (c) — " We may lay it down as a broad general principle, that 1831. 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." And, in Truettel v. Karandon, Mr. Justice...

Reports of Cases Argued and Determined in the Court of Chancery of ..., Τόμος 2

New York (State). Court of Chancery, Alonzo Christopher Paige - 1839 - 692 σελίδες
...that case a bona fide purchaser who has no notice of the fraud will be protected. For where one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the injury must sustain the loss. It is not necessary in this case to...

A Selection of Leading Cases on Various Branches of the Law: With Notes, Τόμος 1

John William Smith - 1841 - 744 σελίδες
...entertained on the first argument. 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. If that be so, it will be a strong and leading...




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