| Richard Whitaker - 1812 - 280 páginas
...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 own act empowered the latter... | |
| Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 898 páginas
.../*.+ fr «r4v <*•*. °nc of two innocent persons must suffer by the acts of a third, V ~//r (O ? he who has enabled such third person to occasion the loss must sustain it. If that be so, it will be a strong and leading clue to the decision of the present case. It has been... | |
| Joseph Chitty - 1818 - 892 páginas
...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,...third person to occasion the loss, must sustain it *. And if a person who has not given a consideration for a lost or stolen bill transferrable by mere... | |
| Anthony Hammond - 1819 - 618 páginas
...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 case where one of two innocent... | |
| South Carolina. Constitutional Court of Appeals - 1824 - 526 páginas
...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,... | |
| Joseph Chitty - 1826 - 710 páginas
...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,...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 bill transferrable by mere... | |
| Richard Babington - 1826 - 300 páginas
...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 person bondjide and for a... | |
| George Frederick Jones - 1827 - 220 páginas
...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, which will be noticed hereafter,... | |
| Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1882 - 562 páginas
...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 pell it to C. as a valid note;... | |
| New Jersey. Court of Chancery - 1894 - 722 páginas
...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 form : " That as between... | |
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