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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. "
Tables of Interest and Discount: And Business Man's Assistant; Showing the ... - Σελίδα 13
των Nicholas Harris - 1840 - 112 σελίδες
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Reports of Cases Determined in the District Courts of Appeal of ..., Τόμος 45

California. District Courts of Appeal - 1922 - 960 σελίδες
...the defendant Traylor is conceded to be? We think she is. 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," in the absence of any showing whatever...

Penal Code Unannotated: With an Appendix of 842 Questions and Answers on ...

California, James Manford Kerr - 1923 - 680 σελίδες
...effect is preferred to one which makes void. 45. Interpretation must be reasonable. 46. Where one or two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. GENERAL INDEX ABALONES. See tit. Game and Fish,...

Reports of Cases Determined in the Courts of Appeal of the State ..., Τόμος 60

1924 - 938 σελίδες
...equitable doctrine of estoppel, one of the expressions of which is found in the maxim that "When one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer." (Civ. Code, sec. 3543; National Bank of San...

California Superior Court Decisions: Notable Cases, Τόμος 1

California. Superior Courts - 1924 - 200 σελίδες
...want of a superior equity for the case does not. come under Civ. Code, Sec. 3543 that "Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must suffer 55 ESCROW. Depositaries. A deposit of stock certificate...

The Federal Reporter, Τόμος 202

1913 - 1068 σελίδες
...commit the fraud, and must answer for its negligent act, 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.' Lickbarrow v. Mason, 2 TU 70....

The Civil Code of the State of California in Four Divisions: The State Civil ...

California - 1925 - 600 σελίδες
...effect is preferred to one which makes void. 3542. Interpretation must be reasonable. 3543. Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer. INDEX (455) INDEX References are to sections;...

The Federal Reporter, Τόμος 83

1898 - 1070 σελίδες
...negligence. Complainant further contends that the equitable rule above mentioned, namely, "Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened must be the sufferer," cannot be invoked by Jones Taylor, for the reason...

The Central Law Journal, Τόμος 39

1894 - 560 σελίδες
...acquired by appellants. The principle at the basis of all estoppels inpais is 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. Lickbarrow v. Mason, 2 Term R....

The Central Law Journal, Τόμος 18

1884 - 548 σελίδες
...permitted the agent, or third persons, to believe he has authorized, upon the ground that where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer, and, because, if the agent were the party thus...

The Central Law Journal, Τόμος 19

1884 - 544 σελίδες
...way induced by him, the case did not come within the application of the rule that where one of the innocent persons must suffer by the act of a third, he who has enabled such third person to occasion the loss must himself bear it.23 If a vendor remaining in...




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