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" ... 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. "
The Law of Estoppel - Σελίδα 289
των Lancelot Feilding Everest, Edmund Strode - 1884 - 499 σελίδες
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A Practical Treatise on Bills of Exchange, Checks on Bankers, Promissory ...

Joseph Chitty - 1818 - 892 σελίδες
...consequently forfeit all right of vi. orthejouo/ action ; for it may be 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...

A Treatise on the Law of Mortgages

John Joseph Powell - 1822 - 648 σελίδες
...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 the bills of lading to a third person,...

Reports of Cases Determined in the Constitutional Court of South ..., Τόμος 1

South Carolina. Constitutional Court of Appeals - 1824 - 526 σελίδες
...th? part of the defendant. The rule itself is founded upon a general principle, that "where one of two innocent persons must suffer, by the act of a third, he who has enabled snch third person to occasion the loss, must sustain it. Per. Ashhvrst, J. in Lickbarrow vs. Ma~ son,...

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

Joseph Chitty - 1826 - 710 σελίδες
...J feit ац right of action ; for it may be 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...

The Merchants' Law Book: Being a Treatise on the Law of Account Render ...

William Grimshaw - 1831 - 354 σελίδες
...it, will consequently forfeit all right of action ; for it may be laid down, as a general principle, that whenever one of two innocent persons must suffer by the act of a third, he who has been the cause of the loss to such third person, must sustain it; and if a person who has not given...

Tables of Interest and Discount: And Business Man's Assistant; Showing the ...

Nicholas Harris - 1840 - 126 σελίδες
...of payment, and notice to the drawer. What is laid down as a general principle in law ? That where two innocent persons must suffer by the act of a third, he who enabled such third person to occasion the loss, must sustain it. Is there any remedy for a person who...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 16

Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - 1841 - 666 σελίδες
...I hem. "For, says Chilly's treaties on bills, page 278, it may be laid down as a general principle that whenever one of two innocent persons must suffer...has enabled such person to occasion the loss must sustain it." And Byles at page 92, remarks, that " bills and notes payable to bearer circulate as money,...

Michigan Reports: Cases Decided in the Supreme Court of Michigan, Τόμος 39

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 - 1880 - 910 σελίδες
...is not doubtful. A principle of natural justice decides against her. And when stated broadly, it is that whenever one of two innocent persons must suffer by the act of a third, the loss shall be borne by that one whose behavior in the matter denoted to the other that such third...

Reports of Cases Argued and Adjudged in the Superior Court of ..., Τόμος 1

Robert D. Handy, John H. Handy - 1855 - 638 σελίδες
...applied, then another rule of law, and a most salutary one, would be abrogated, " that when one of two innocent persons must suffer by the act of a third, he who has enabled such third person to occasion loss, must sustain it." Chitty on Bills, 9th Ed. 256 ; Lickbarrow vs. Mason,...

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

George Caines - 1860 - 604 σελίδες
..."Winter v. Bank of Now York. 2 Wash. Rep. 245. It is a principle, not controverted, that where 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. Testing the evidence by this equitable principle,...




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