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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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California Unreported Cases: Being Those Determined in the Supreme Court and ...

California. Supreme Court - 1913
...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,...
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California Unreported Cases: Being Those Determined in the Supreme Court and ...

California. Supreme Court - 1913
...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,...
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Cases on Principal and Agent: Selected from Decisions of English and ...

Edwin Charles Goddard - 1914 - 879 páginas
...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 ;...
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Extra Annotations to English Ruling Cases, Volume 1

Robert Campbell - 1916
...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....
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 37

South Dakota. Supreme Court - 1917 - 804 páginas
...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...
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California Law Review, Volume 8

1920
...significant that no case is recalled where the Supreme Court has condemned as violating 14 "Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer." Supra, n. 1, p. 324. " 5 C. 5. 846. The pendulum of assignability seems now to have swung...
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McKelvie's Megaphone History and Law

Otis Albert McKelvie - 1920 - 80 páginas
...so should the rule itself. Where the reason is the same, the rule should be the same. Where one or two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. r ...
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The Pacific Reporter, Volume 191

1920
...the well-known maxim of Jurisprudence found in section 3543 of our Civil Code that — "Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened muet be the sufferer." [3, 4] The doctrine so expressed is often referred to as estoppel by negligence,...
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Reports of cases determined in the district courts, Volume 38

1920
...the burden on the principle that no one can take advantage of his own wrong, and that where one of two innocent persons must suffer by the act of a third, he by whosa negligence it happened, must be the sufferer. (Id.) 3. NON-NEGOTIABLE INSTRUMENT — DEFENSE...
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British Ruling Cases from Courts of Great Britain, Canada, Ireland ..., Volume 9

1920
...Finlay, LC (page [794]). Loss to innocent person — Who should bear. The principle that 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, is too wide. The neglect must...
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