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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 act of a third, he who has enabled such third person to occasion the loss must sustain it. "
Reports of Cases Argued and Adjudged in the Superior Court of Cincinnati in ... - Σελίδα 112
των Robert D. Handy, John H. Handy - 1855 - 598 σελίδες
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A Treatise of the Law Relative to the Rights of Lien and Stoppage in Transitu

Richard Whitaker - 1812 - 280 σελίδες
...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 lading to the consignee, by his...

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

Joseph Chitty - 1818 - 892 σελίδες
...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 for a lost or stolen...

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

Anthony Hammond - 1819 - 618 σελίδες
...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 ; l HB357; 2H.B. eil. 2. In a...

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 fur a loss or stolen...

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

Richard Babington - 1826 - 300 σελίδες
...in transitu.c 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 bills of lading to a third...

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

George Frederick Jones - 1827 - 220 σελίδες
...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,...

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
...as a broad, general principle, that "whenever 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." Forrest, by giving Z. hia unqualified note, enabled him to offer, and to...

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

New Jersey. Court of Chancery - 1894 - 722 σελίδες
...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...

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

William Grimshaw - 1831 - 354 σελίδες
...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...




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