 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - 1841 - 666 σελίδες
...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 by the act of a third, he who has enabled such person to occasion the loss must sustain it." And Byles at page 92, remarks, that... | |
 | Robert D. Handy, John H. Handy - 1855 - 638 σελίδες
...if it could be so 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... | |
 | 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... | |
 | Illinois. Supreme Court - 1874 - 660 σελίδες
...responsible for the appearance of authority. Smith v. Board of Supervisors of Peoria County, 412. 3. When one of two innocent persons must suffer by the act of a third person, be who has enabled such person to occasion the loss, must sustain it. Ibid. 412. 4. Although... | |
 | Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - 1058 σελίδες
...Lickbarrow v. Mason (a), said : — " 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." [Martin, B. — Suppose an action... | |
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The principle of equity that where one of two innocent persons must suffer by the act of a third, he who has enabled such third person to cause the loss must bear it, is entirely too broad in its scope to be invoked in this character of action. 
