...according to the well-known maxim of law that "when one of two innocent persons must suffer by the acts of a third, he by whose negligence it happened must be the sufferer."27 § 61. What are "blanks" — What may be filled in — Ratification of act previously...

...change from the well-settled phraseology often leads to serious difficulties. Any indulgence of tho code in this practice will create a formidable obstacle...negligence " has obtained a definite meaning in the law. The true rule is, that in the assumed case the loss must fall on him who by his act has enabled the...

...put it in the possession of another with indicia of ownership, so as to invoke the rule that, where two innocent persons must suffer by the act of a third, he who has enabled the former to occasion the loss must sustain it. The company, when it became the equitable...

...deceiver should be a loser than a stranger," 2s or, as it is more frequently put, that, "where one of two innocent persons must suffer by the act of a third, he who has enabled the other to occasion the loss must sustain it"jbut these general statements are far...

...See Summers v. Solomon (1857), 7 E. & B. 879 ; Thompson v. Bell (1854), 10 Exch. 10. 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 ; per Ashurst, J., in Lidcbarrow...

...loss falls, and enforce payment by any party liable thereon; upon the principle 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. And it is now settled in England...

...loss falls, and enforce payment by any party liable thereon, upon the principle that, whenever one of two innocent persons must suffer by the act of a third, he who has enabled such a third person to occasion the loss must sustain it." See, also, Jordan v. Jordan,...

...protected (McNeil v. Tenth National Bank, 46 NY 325, 7 Am. Rep. 341), on the familiar principle that when two innocent persons must suffer by the act of a third he who has enabled such third person to occasion the loss must bear it. This element, however, was not...

...declared by Ashurst, J., in Lickbarrov.' v. Mason, 2 D. & E. 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," has no application to such a case....

...UNAUTHORIZED ACTS — APPARENT AUTHORITY OF AGENT. Under Civ. Code, § 3543, providing that, where one of two innocent persons must suffer by the act of a third, he whose negligence caused the act must suffer, where a principal invests his agent with apparent authority...