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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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Digest of the Reports of the Supreme Court of California: Volumes ..., Volume 4

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....
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The American State Reports: Containing the Cases of General Value ..., Volume 51

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....
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Journal: Appendix. Reports

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...
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Report of the Commissioners for the Revision and Reform of the Law ..., Parte 1

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 ...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 38

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...
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Reports of Cases Argued and Determined in the Appellate Court of ..., Volume 27

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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A Treatise on the Law of Agency in Contract and Tort: Including ..., Volume 1

George Louis Reinhard - 1902 - 784 páginas
...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...
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Appletons' Annual Cyclopaedia and Register of Important Events: Embracing ...

1869 - 880 páginas
...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...
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McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volume 6

James Smith McMaster - 1903 - 1004 páginas
...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...
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Handbook of the Law of Principal and Agent

Francis Buchanan Tiffany - 1903 - 674 páginas
...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...
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