...provided by section 3542 of the Glvil Code of this state that where one of two persons, both innocent, must suffer by the act of a third, he by whose negligence it happens must be the sufferer, and this defendant pleads above acts and said provision of said code...

...encumbrances. Hewitt v. Powers (1882) 84 Ind. 295. % an application of the principle that, where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened umst be the sufferer, it was held in;r Sherwood v. Robertson (1920) 48 Cal. ¡ •App. 208, 191 Рас....

...against an innocent third person, for the reason that "where one of two innocent persons must suffer hy the act of a third, he by whose negligence it happened must be the sufferer." Ib. — RIGHT TO RECOVER UPON CONTRACT WITH AOENT — ESTOFPEL. — The plaintiff corporation...

...the defendant Traylor is conceded to be? We think she is. The principle of equity that "where one of two innocent persons must suffer by the act of a third, he who has enabled such third person to cause the loss must bear it," in the absence of any showing whatever...

...subsequent liens, under Rev. Civ. Code, § 24.42, declaring thaf, where one of two Innocent parties must suffer by the act of a third, he by whose negligence It happened must bear the loss. (Opinion filed, August 20, 1907.) Appeal from Circuit Court, Bon Homme County. Hon....

...dictates of natural justice. Thus in Lickbarrow v. Mason, 2 D. & E., 70, it is said 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." The same principle is expressed in...

...provided by section 3543 of the Civil Code of this state that where one of two persons, both innocent, must suffer by the act of a third, he by whose negligence it happens must be the sufferer, and this defendant pleads above acts and said provision of said code...

...the loss." This principle is recognized by section 3543 of the Civil Code, which reads: "Where one of two innocent persons must suffer by the act of a third, he by whrse negligence it happened must be the sufferer." In Compton v. Bunker Hill Bank, 96 1ll. 306, 36...

...think no such state of facts is disclosed by this record. The principle of equity that where one of two innocent persons must suffer by the act of a third, he who has enabled such third person to cause the loss must bear it, is entirely too broad in its scope...

...sufficient to constitute any trust in favor of appellant, whether pro tanto or otherwise; that where one of two innocent persons must suffer by the act of a third, he who has enabled such third person to cause the loss, in this case appellant, must bear it, and that...