 | 1922 - 952 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... | |
 | Mississippi. Supreme Court - 1845 - 896 σελίδες
...the note is equally innocent. It may be laid down as a general principle, that, whenever one of wo innocent persons must suffer by the act of a third, he, who has enabled such third person to occasion the loss, roust sustain it. Lickbarrow v. Mason, 2 Term R.... | |
 | Ohio. Supreme Court - 1898 - 866 σελίδες
...dictates of natural justice. Thus in Lickbarrow v. Mason, 2 D. & E., 70, it is said that "Whenever one of two innocent persons must suffer by the act of a third, he who has enabled the former to occasion the loss must sustain it." The same principle is expressed in another... | |
 | California. Supreme Court - 1906 - 852 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 loss must bear it." In Young v. Grate, 4 Bing. 253, it was held that when one had so negligently drawn a check,... | |
 | California. Supreme Court - 1906 - 892 σελίδες
...lose." In Liclcbarrow v. Mason, 2 TR 70, Mr. Justice Ashurst said: "Wherever one of two innocent persona must suffer by the act of a third, he who 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... | |
 | California. Supreme Court - 1906 - 850 σελίδες
...think no such state of facts is disclosed by this record. 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... | |
 | California. Supreme Court - 1924 - 962 σελίδες
...sufficient to constitute any trust in favor of appellant, whether pro tanto or otherwise; 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, in this case appellant, must bear it, and that it... | |
 | Bernard Schwartz - 1998 - 448 σελίδες
...should suffer for the act of another") could be positively mischievous. Compare also: "Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be sufferer." ^Resolves of the General Court of the Commonwealth... | |
 | Thomas Lundmark - 2006 - 204 σελίδες
...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. § 3545. Private transactions are fair and regular.... | |
 | 1913 - 576 σελίδες
...to it, the rule that whenever one of two> innocent persons must suffer by the act of a third person he who enabled such third person to occasion the loss must sustain it not applying. — William .1. T,emj> brewing Co. v. MI i:i/ . Md. 87 All. 814. 46. t ,4.-.-ni.,rs anil... | |
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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. 
