...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...

...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,...

...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...

...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...

...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...

...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...

...commit the fraud, and must answer for its negligent act, 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.' Lickbarrow v. Mason, 2 TU...

...permitted the agent, or third persons, to believe he has authorized, upon the ground that where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer, and, because, if the agent were the party thus misled, he would thereby be relieved from...

[ O conteúdo desta página está restrito ]

...acquired by appellants. The principle at the basis of all estoppels inpais 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. Lickbarrow v. Mason, 2 Term...