 | 1863 - 804 páginas
...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 relating to negotiable instruments,... | |
 | William Johnson, New York (State). Supreme Court - 1864 - 520 páginas
...mistake. (Newmarch v. Clay, 14 East's Rep. 239.) Again ; it is a general principle, wherever one of two innocent persons must suffer by the acts of a...third person to occasion the loss, must sustain it. (2 Term Rep. 70. per Ashhurst, J.) Henry, in reply, said, that in law, as well as common sense, where... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 580 páginas
...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." The cases on this point are numerous. If any damage, more or less, has resulted, or is likely to ensue,... | |
 | 1865 - 1288 páginas
...transfer, as against the defendants ; and that, where one of two innocent persons suffered by the act of a third, he who has enabled such third person to occasion the loss must sustain it. Lush, QC (Hurlstone with him), contended that there was no estoppel, because the conduct of the plaintiff... | |
 | Anthony L. Robertson - 1868 - 780 páginas
...wrong, rendered himself liable, for I lay it down as a broad, general principle that wherever one of two innocent persons must suffer by the acts of a...enabled such third person to occasion the loss must suffer. In treating the question herein, we are compelled to withdraw ourselves from the ordinary method... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 páginas
...of Appeal ...... 203 See APPEAL. INNOCENT PERSONS— Loss by Third Party— Which shall sustain ?] Whenever one of two innocent persons must suffer by the acts of a third party, he who has enabled such third party to occasion the loss must sustain it. When a party sells... | |
 | William Williamson Kerr - 1868 - 498 páginas
...Great Indian Peninsular Sect. 2. Railu'ay Company (gr), " that wherever one of two innocent parties must suffer by the acts of a third, he who has enabled the third party to occasion the loss must sustain it" (/i). But to bring a case within the principle,... | |
 | South Carolina. Court of Appeals, J. S. G. Richardson - 1869 - 414 páginas
...commercial paper that hud passed into the hands of an innocent. holder; nor is it within the general principle, that whenever one of two innocent persons...third person to occasion the loss, must sustain it. "Whether the evidence showed a confirmation by the VOL. xv. — 18 Cone t.'». Brown. plaintiff' of... | |
 | Austin Abbott - 1869 - 600 páginas
...possession of the implements to do wrong, rendered himself liable ; for I lay it down as a broad, general principle, that whenever one of two innocent persons...enabled such third person to occasion the loss must suffer. In treating the question herein we are compelled to withdraw ourselves from the ordinary method... | |
 | North Carolina. Supreme Court - 1875 - 720 páginas
...reposed the cenfidence, rather than on an innocent third person." Or, in other words, where one of two innocent persons must suffer, by the acts of a third, he who had enabled such third person to occasion the loss must sustain it. In State v. Peck, 5'd Maine. 284,... | |
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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 acts of a third, he who has enabled such third person to occasion the loss must sustain it 
