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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. "
The American Annual Cyclopedia and Register of Important Events of the Year ... - Página 175
1869
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The Law of Estoppel

Lancelot Feilding Everest, Edmund Strode - 1884 - 499 páginas
...are fulfilled, the rule laid down in Liclcbarrow v. Mason (y), applies, namely, that whenever one of two innocent persons must suffer by the act of a third, he who has enabled such person to occasion the loss must bear it. Of this rule the following cases may...
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An Act to Establish a Civil Code: Jan. 14, 1885

New York (State). - 1885 - 404 páginas
...preferred to one which makes void. § 3122. Interpretation must be reasonable. § 3123. Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. THE CIVIL CODE PART V. Words, how used. DEFINITIONS AND GKENEBAL PROVISIONS. § 3130. Words...
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Commentaries on the Law of Estoppel and Res Judicata, Volume 2

Henry Morrison Herman - 1886 - 1646 páginas
...the form in which, by their connivance and fault, it had been presented to the obligee. " When one of two innocent persons must suffer by the act of a third, he who has enabled such person to occasion the loss must sustain it. The sureties, by entrusting the bond...
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The Southwestern Reporter, Volume 114

1909 - 1364 páginas
...Dec. Dig. § 5.*] 3. ESTOPPEL (§ 72*)— EQUITABLE ESTOPPELACTS MAKING INJURY POSSIBLE. 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. [EM. Note. — For other cases,...
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A Selection of Leading Cases on Various Branches of the Law: With ..., Volume 3

John William Smith - 1889
...construction), 528 Volenti non fit injuria, 697 You shall not stipulate for iniquity, 6ol 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 suffer by it, 1053 MAXIMS AND PRINCIPLES...
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The Bills of Exchange Act, 1890: Being a Codification of the Law-merchant ...

Thomas Hodgins - 1890 - 336 páginas
...Leading Caws 460a. And although it has been laid down as a broad general principle that wherever one of two innocent persons must suffer, by the act of a third, he who has enabled such person to occasion the loss must suffer it, (Per Ashurst, J., in Lickbarrow v....
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 15

South Dakota. Supreme Court - 1902 - 760 páginas
...property. Held, in a suit to foreclose the mortgage, that pursuant to the doctrine that, where one of two innocent persons must suffer by the act of a third, he by whose negligence the loss occurred must suffer, defendant's title was not subject to plaintiff's claim. Persons v. Van...
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Oklahoma Reports: Cases Determined in the Supreme Court of the ..., Volume 32

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912
...this case, the certificates were never delivered. They were stolen. The principle that when one of two innocent persons must suffer by the act of a third he who first trusted must first suffer does not apply. The city did not trust Roundtree any further than...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 101

California. Supreme Court - 1894
...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...
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The American State Reports: Containing the Cases of General Value ..., Volume 40

Abraham Clark Freeman - 1911
...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.,...
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