 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  The Banker's Common-place Book - Pagina 741857 - 185 pagina’sVolledige weergave - Over dit boek
 | Richard Whitaker - 1812 - 280 pagina’s
...considered it a settled principle of law, 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; and the consignor by indorsing the bill of lading to the consignee, by his own act empowered the latter... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 898 pagina’s
.../*.+ fr «r4v <*•*. °nc of two innocent persons must suffer by the acts of a third, V ~//r (O ? he who has enabled such third person to occasion the loss must sustain it. If that be so, it will be a strong and leading clue to the decision of the present case. It has been... | |
 | Joseph Chitty - 1818 - 892 pagina’s
...laid down as a general principle, ' 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 *. And if a person who has not given a consideration for a lost or stolen bill transferrable by mere delivery,... | |
 | Anthony Hammond - 1819 - 618 pagina’s
...of a sufferer between two innocent persons. 1. 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. Lickbarrow v. Mason, 2 TR 70 ; SC 5 TR 683 ; l HB357; 2H.B. eil. 2. In a case where one of two innocent... | |
 | Joseph Chitty - 1821 - 778 pagina’s
...laid down as a general principle, 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 (e). And if a person who has not given a con«deration for a lost or stolen bill transferable by mere... | |
 | Richard Babington - 1826 - 300 pagina’s
...to stop in transitu.c Upon the 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 ; it has been held, that if a consignee assign bills of lading to a third person bondjide and for a... | |
 | Joseph Chitty - 1826 - 710 pagina’s
...laid down as a general principle, that whenever one or 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.c And if a person who has not given a consideration fur a loss or stolen bill transferrable by mere... | |
 | George Frederick Jones - 1827 - 220 pagina’s
...lay it down as a broad general principle, that whenever one of two innocent persons must suffer for the acts of a third, he who has enabled such third person to occasion the loss must sustain it." He then agrees with the opinion of Lord Mansfield in Wright v. Campbell, which will be noticed hereafter,... | |
 | New Jersey. Court of Chancery - 1894 - 722 pagina’s
...70, in stating the same doctrine, said : " Whenever one of two innocent persons must suffer a loss by the acts of a third, he who has enabled such third person to occasion the loss must sustain it." And in Barnard v. Campbell, 65 NY 456, 463, the rule was laid down in this form : " That as between two... | |
 | Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1882 - 562 pagina’s
...lays it down as a broad, general principle, 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." Forrest, by giving Z. hia unqualified note, enabled him to offer, and to pell it to C. as a valid note;... | |
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