| California. Supreme Court - 1894 - 796 páginas
...of fraud, is not a void deed. — Id. 5. SUFFERING OF INNOCENT PERSONS — MAXIMS. — Where one of two innocent persons must suffer by the act of a third he by whose negligence is happened must be the sufferer. — Id. & DKSCBIPTION — SUBDIVISION OF EXCESSIVE GOVERNMENT SECTION... | |
| Abraham Clark Freeman - 1911 - 1026 páginas
...111. 378; Shirts v. OverJohn, 60 Mo. 305; Chapman v. Rose, 56 NY 137; 15 Am. Rep. 401. "Where 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. The judgment and order are affirmed. GABOUTTE, J., and PATERSON, J.,... | |
| James Henry Deering - 1896 - 584 páginas
...for. See Mechanics' Liens, II. MATURITY. Transfer after. See Bills and Notes, V. MAXIMS. Where one of two innocent persons must suffer by the act of a third, he by whose negligence It happened must bo the sufferer. (Blaisdell v. Lwich. 101 Cal. 405.) Sic utere tun ut allenum non laedas. See Easements.... | |
| Abraham Clark Freeman - 1896 - 1026 páginas
...declared by Ashurst, J., in Lickbarrow v. Mason, 2 Term Eep. 70, frequently quoted, 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," hae no application to such a case.... | |
| California. Legislature - 1899 - 575 páginas
...3542. Interpretation must be reasonable. SEC. 3543. Where one of two innocent persons must suffer 2 by the act of a third, he, by whose negligence it happened, must 3 be the sufferer, t ^ SUPPLEMENTAL REPORT Солшпш for the Revision and Reform of the Law, BEING... | |
| California. Commission for Revision and Reform of the Law - 1899 - 586 páginas
...3542. Interpretation must be reasonable. SEC. 3543. Where one of two innocent persons must suffer 2 by the act of a third, he, by whose negligence it happened, must 3 be the sufferer. & ' 3 blDS Db3 m 717 ... | |
| West Virginia. Supreme Court of Appeals - 1891 - 862 páginas
...securities before it was delivered, GKEUX, ..)., in delivering the opinion of the court, says: "When one of two innocent persons must suffer by the act of a third, he who has enabled suclj person to occasion the lo.-s must sustain it." The question as to the effect... | |
| Indiana. Appellate Court - 1902 - 800 páginas
...McCart and Talbott, were not innocent holders of the said written order of assignment. That where 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. (4) The defendant Miller, having... | |
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