 | Nathan Howard (Jr.) - 1864 - 622 páginas
...produces such absurd consequences. The rule is well established that whenever one of two innocent parties must suffer by the act of a third, he who has enabled the third party to do, or occasion the injury, must sustain the loss. (Downs agt. Greene, 24 JV. F.... | |
 | Oliver Lorenzo Barbour - 1864 - 712 páginas
...produces such absurd consequences. The rule is well established that whenever one of two innocent parties must suffer by the act of a third, he who has enabled the third party to do, or occasion the injury, must sustain the loss. (Dows v. Greene, 24 NY Sep. 645.)... | |
 | Iowa. Supreme Court - 1868 - 658 páginas
...recognize more or less fully the principle stated in Licklarrow v. Mason, 2 LR, 70 ; 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 sustain it. In some of them, however, its applicability is denied... | |
 | 1868 - 894 páginas
...more or less fully the principle stated in Lickbarrow v. Mason, 2 Term R. 73 ; 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 sustain it. In some of them, however, its applicability is denied... | |
 | 1869 - 876 páginas
...obstacle in its way. Take, for instance, a specimen of its attempt to enact a legal maxim ; " where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the suiferer." The word " negligence " has obtained a definite... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1870 - 712 páginas
...stands, it seems to me, upon impregnable ground in equity — upon the principle that whenever one of two innocent persons must suffer by the act of a third, he who has enabled the third person to do or occasion the injury, or commit the fraud, if it be one, must sustain the... | |
 | Ohio. Supreme Court - 1884 - 792 páginas
...defendant in error that the surety here falls within the rule, "Whenever one of two innocent parties must suffer by the act of a third, he who has enabled such person to occasion .the loss must sustain it." The application of this rule to the unauthorized... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874 - 672 páginas
...purchaser for value, for the want of delivery ; nor was the maker liable on the ground that when 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. Cline v. Gutltrie, 227 6. Individual Signature.... | |
 | California. Supreme Court - 1875 - 758 páginas
...another's loss must lose." In Lickbarrow v. Mason, (2 TB 70,) Mr. Justice ASHURST said : "Wherever one of two innocent persons must suffer by the act of a third, he who enabled such third person to occasion the loss must bear it." But great caution should be exercised... | |
 | Claude Charles Molyneux Plumptre - 1879 - 326 páginas
...without any at all, the principal must be held liable, in accordance with the maxim, 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 (per Ashurst, J., in Lickbarrowv. Mason, 2 TR... | |
| |
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 to be invoked in this character of action. 
