...because the assignee of a mortgage may protect his rights by recording an assignment. '' Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer": Rev. Civ. Code, sec. 2442. Any other rule would render the recording of satisfactions ineffectual...

...111. 559." The court further held that the case did not fall " within the principle that, when 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. ... The order was drawn at...

...gives effect is preferred to one which makes void. Interpretation must be reasonable. Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. —Civil Code. QUESTIONS. INTERPRETING AND APPLYING LAW. Why are courts established? Name...

...v. Finch, 97 NC, 303,v and in the Bowers case, Justice Walker, after saying that when. over 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, quotes Lord Holt as follows...

...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,...

...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,...

...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 ;...

[ O conteúdo desta página está restrito ]

...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....

...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...