 | 1921
...an objection by the assignee of the contract for the two last years that the maxim that, when one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must suffer, Civ. Code, § 3543, is inapplicable, where estoppel is not pleaded. 9. Estoppel <@=»58—... | |
 | 1921
...mortgage, must suffer the loss under the maxim that, where one of two innocent parties must suffer for the act of a third, he by whose negligence it happened must be the sufferer. Stoffels v. Brown, 37 N. D. 272, 163 NW 834 (1917). VI. Time of accrual of action. A. False... | |
 | 1922
...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... | |
 | 1922
...plaintiffs' moneys then defendants' mortgage would have taken priority on the principle that where one of two innocent persons must suffer by the act of a third, he who enables such person to occasion the loss must sustain it. McCullough and Forster v. Elliott and... | |
 | California, James Manford Kerr - 1923 - 655 páginas
...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, and abalone shells, 8 628. as to protection... | |
 | 1924
...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 Mateo v. Whitney, 181 Cal. 202, 205 [8 ALR 298,... | |
 | California. Superior Courts - 1924
...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 with a bank and later with the Commissioner... | |
 | 1898
...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 that he was not the purchaser of the property... | |
 | California - 1925 - 568 páginas
...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; to page when stated. See Contents for subjects... | |
 | 1925
...and slander,8 the doctrine of respondeat superior,8* and the effect of the maxim that where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened must suffer,9 are likewise considered in other articles. § 2. Basis of Legal Liability. — As a general... | |
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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. 
