 | 1868 - 894 σελίδες
...more or less fully the principle stated in Lickbarrow v. Mason, 2 Term R. 73 ; 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. In some of them, however, its applicability... | |
 | Iowa. Supreme Court - 1868 - 658 σελίδες
...recognize more or less fully the principle stated in Licklarrow v. Mason, 2 LR, 70 ; 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. In some of them, however, its applicability... | |
 | 1869 - 876 σελίδες
...obstacle in its way. Take, for instance, a specimen of its attempt to enact a legal maxim ; " where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the suiferer." The word " negligence " has obtained a definite... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1870 - 712 σελίδες
...stands, it seems to me, upon impregnable ground in equity — upon the principle that whenever one of two innocent persons must suffer by the act of a third, he who has enabled the third person to do or occasion the injury, or commit the fraud, if it be one, must... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874 - 672 σελίδες
...purchaser for value, for the want of delivery ; nor was the maker liable on the ground that when 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. Cline v. Gutltrie, 227 6. Individual... | |
 | California. Supreme Court - 1875 - 758 σελίδες
...another's loss must lose." In Lickbarrow v. Mason, (2 TB 70,) Mr. Justice ASHURST said : "Wherever one of two innocent persons must suffer by the act of a third,...enabled such third person to occasion the loss must bear it." But great caution should be exercised in applying this principle, and the Court should be... | |
 | Claude Charles Molyneux Plumptre - 1879 - 326 σελίδες
...without any at all, the principal must be held liable, in accordance with the maxim, 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 (per Ashurst, J., in Lickbarrowv.... | |
 | California. Supreme Court - 1882 - 796 σελίδες
...operation of that rule applicable in morals as well as in law : " Whenever one of two innocent parties must suffer by the act of a third, he who enabled such third person to occasion the lo^s must bear it." In Young v. Grate, 4 Bing. 253, it was held that when one had so negligently drawn... | |
 | John Warwick Daniel - 1886 - 990 σελίδες
...loss falls, and enforce payment by any party liable thereon ; upon the 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.8 And it is now settled in England... | |
 | Lancelot Feilding Everest, Edmund Strode - 1884 - 600 σελίδες
...are fulfilled, the rule laid down in Liclcbarrow v. Mason (y), applies, namely, 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 bear it. Of this rule the following cases may be... | |
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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. 
