 | California. Supreme Court - 1913
...agency, but is general. Generally, it is stated as in our code : "Where one of two innocent parties must suffer by the act of a third, he by whose negligence it happened must be the sufferer": Civ. Code, sec. 35-13. The statement is slightly self-contradictory, but really, I think,... | |
 | California. Supreme Court - 1913
...be the sufferers, rather than plaintiff, under Civil Code, section 3543, providing that, when one of two innocent persons must suffer by the act of a third, he by whose aegligence it happened must be the sufferer. APPEAL from Superior Court, Los Angeles (Jounty; MT Allen,... | |
 | Edwin Charles Goddard - 1914 - 879 páginas
...brief statement of the effect of the essential principle of estoppel, viz., "that, whenever one of two innocent persons must suffer by the act of a third, he who enables such third person to occasion the loss must sustain it." Lickbarrow v. Mason, 2 TR 63 ;... | |
 | Robert Campbell - 1916
...App. 253, 37 NE 1048, holding principle at basis of all estoppels in pais 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; StelTens v. Nelson, 94 Minn.... | |
 | South Dakota. Supreme Court - 1917
...maker ; and such a case is within the meaning of Civ. Code, Sec. 2442, providing that where one of two innocent persons must suffer by the act of a third, he by who'!" negligence it happended must be the sufferer, and Sees. , 1661, li»65. concerning ostensible... | |
 | 1920
...significant that no case is recalled where the Supreme Court has condemned as violating 14 "Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer." Supra, n. 1, p. 324. " 5 C. 5. 846. The pendulum of assignability seems now to have swung... | |
 | Otis Albert McKelvie - 1920 - 80 páginas
...so should the rule itself. Where the reason is the same, the rule should be the same. Where one or two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. r ... | |
 | 1920
...the well-known maxim of Jurisprudence found in section 3543 of our Civil Code that — "Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened muet be the sufferer." [3, 4] The doctrine so expressed is often referred to as estoppel by negligence,... | |
 | 1920
...the burden on the principle that no one can take advantage of his own wrong, and that where one of two innocent persons must suffer by the act of a third, he by whosa negligence it happened, must be the sufferer. (Id.) 3. NON-NEGOTIABLE INSTRUMENT — DEFENSE... | |
 | 1920
...Finlay, LC (page [794]). Loss to innocent person — Who should bear. The principle that wherever 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, is too wide. The neglect must... | |
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Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer. 
