 | Joseph Chitty - 1855 - 1120 páginas
...(i) ßimell v. Sampayo, 1 C. & P. 254. Wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss, must sustain it ; per Ashurst, J., Lickbarrow p. Mason, 2 TR 70. (a) Davidson p. Stanley,... | |
 | 1856 - 598 páginas
...2 Seld., 233, and cases there cited.) HI. Where one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the injury must sustain the loss. (Lupin v. Marie, 2 Paige, 172 ; Root v. French, 13 Wend., 572). IV.... | |
 | John Barnard Byles - 1856 - 684 páginas
...man. " For it is a general rule, that -where one of two innocent persons must suffer from the acts of a third, he who has enabled such third person to occasion the loss, must sustain it."(<7) And supposing the equity of the loser and payer precisely equal, there... | |
 | 1857 - 202 páginas
...prudent man. " For it is a general rule, that where one of two innocent persons must suffer from the acts of a third, he who has enabled such third person to occasion the loss, must sustain it." And supposing the equity of the loser and payer precisely equal, there... | |
 | 1859 - 1076 páginas
...wnbyAshurst,J.,inZscA6arrotvv. Mason, has been cited, that whenever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it. Of course there can be no doubt about that proposition ; but the contention... | |
 | George Caines - 1860 - 604 páginas
..."Winter v. Bank of Now York. 2 Wash. Rep. 245. It is a principle, not controverted, 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. Testing the evidence by this equitable principle, I proceed to examine the... | |
 | Illinois. Supreme Court - 1874 - 660 páginas
...responsible for the appearance of authority. Smith v. Board of Supervisors of Peoria County, 412. 3. When one of two innocent persons must suffer by the act of a third person, be who has enabled such person to occasion the loss, must sustain it. Ibid. 412. 4. Although... | |
 | Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - 1058 páginas
...Lickbarrow v. Mason (a), said : — " We may lay it 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 third person to occasion the loss must sustain it." [Martin, B. — Suppose an action on a bond, with a plea of non est factum,... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - 1112 páginas
...Lickbarrow v. Mason (a), said : — " We may lay it 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 third person to occasion the loss must sustain it." [Martin, B. — Suppose an action on a bond, with a plea of non est factum,... | |
 | 1863 - 804 páginas
...Sheffield, Sfc., Railway Company v. Woodcoch, 7 M. & W. 574. Wherever one of two innocent persons may suffer by the act of a third, he who has enabled such third person to occasion the loss must sustain it: lAckbarron v. Mason, 2 TE 70; Yovng v. Grate, 4 Bing. 253 ; and the cases... | |
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We may lay it 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 third person to occasion the loss must sustain it. 
