 | New York (State). - 1885 - 422 páginas
...preferred to one which makes void. § 3122. Interpretation must be reasonable. § 3123. Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. THE CIVIL CODE PART V. Words, how used. DEFINITIONS... | |
 | 1887 - 924 páginas
...the loss should fall upon Landon; for, "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." Lickbarrow v. Mason, 2 Term E. 63. Among all the reported cases, and I have made quite diligent search,... | |
 | 1913 - 1152 páginas
...more uniformly enforced than, "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." Or, as it is sometimes expressed, "that as between two persons equally innocent, a loss resulting from... | |
 | Henry Morrison Herman - 1886 - 952 páginas
...the form in which, by their connivance and fault, it had been presented to the obligee. " When 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. The sureties, by entrusting the bond to the principal... | |
 | John Warwick Daniel - 1886 - 1054 páginas
...said, " would reverse the general and sound principle of law and justice, that whenever one of two persons must suffer by the act of a third, he who has enabled that third person to occasion the loss must sustain it himself."8 § 753. If a note zs offered for... | |
 | 1909 - 1362 páginas
...Dec. Dig. § 5.*] 3. ESTOPPEL (§ 72*)— EQUITABLE ESTOPPELACTS MAKING INJURY POSSIBLE. Where one of two innocent persons must suffer by the act of a third,...third person to occasion the loss must sustain it. [EM. Note. — For other cases, see Estoppel, Cent. Dig. § 188 ; Dec. Dig. § 72.*] 4. VENDOR AND... | |
 | 1915 - 1382 páginas
...that this state of facts calls for the application of the well-established rule that whenever one of two innocent persons must suffer by the act of a third,...enabled such third person to occasion the loss must bear the burden thereof. It may be conceded that direct proof of an actual agency upon the part of... | |
 | 1887 - 542 páginas
...Ashhurst,.I.,in Lickbarrow v. Mason, 2 TR 70 : ' Whenever one of two innocent parties must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.' " See also Quick v. Milligan, supra; Hunter v. Fitzmaurice, 102 Ind. 449 : Young v. Bradley, 08 Ill.... | |
 | 1887 - 892 páginas
...of another's loss must lose." In Lickbarrow v. Mason, 2 Term Rep. 70, Mr. Justice Ashurst •aid: " Wherever one of two innocent persons 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... | |
 | John Torrey Morse (Jr.) - 1888 - 712 páginas
...contract inconsistent with such lien. 4. It is elementary law that where one of two innocent parties must suffer by the act of a third, he who has enabled that third person to do the act must bear the loss ; and in this case W. could have saved all trouble... | |
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We may lay it down as a broad general 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. 
