 It is a misfortune which has happened without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there is no reason to throw off the loss from one innocent man upon another innocent man. But, in this /case, if there was any...  The Canadian Law Review - Pagina 4501903Volledige weergave - Over dit boek
 | William David Evans - 1802 - 364 pagina’s
...is no reafon to throw off the lofs from one innocent man to another innocent man : but in this cafe, if there was any fault Or negligence in any one, it...certainly was in the plaintiff, and not in the defendant. Price v. Neale, 3 Bur. 1, A lottery office keeper brought an aftion for the repetition of what he had... | |
 | Samuel Comyn - 1807 - 646 pagina’s
...no reafon to throw off the lofs from one innocent man upon another innocent man : but, in this cafe, if there was any fault or negligence in any one, it...certainly was in the plaintiff, and not in the defendant." But in the cafe of A'acker and others v. The Governor and Ctmpany of the Bank of England, (b) where... | |
 | Great Britain. Court of King's Bench, James Burrow - 1812 - 648 pagina’s
...happened without t\ie defend' \ant's fault or neglect. (// there was wo neglect in the plaintiff, yet there is no reason to throw off the loss from one innocent man upon another innocent man : but, ш . flus case, if there was čny fault or negligence ˇo any 17(Ja. 'One, it certainly was in the... | |
 | Samuel Comyn - 1824 - 680 pagina’s
...has happened without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there is no reason to throw off the loss from one...certainly was in the plaintiff, and not in the defendant." But in the case of Ancher and others v. The Go«ernor and Company of the Bank of England, (f) where... | |
 | Henry Roscoe - 1829 - 532 pagina’s
...has happened, without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there is no reason to throw off the loss from one...certainly was in the plaintiff, and not in the defendant." Price v. Neak, 3 Burr. 1355. 1 W. Bl. 390. SC In an action for money had and received, it appeared,... | |
 | Great Britain. Court of Common Pleas, John Scott - 1843 - 966 pagina’s
...has happened without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there is no reason to throw off the loss from one...certainly was in the plaintiff, and not in the defendant." And the language of Buller, J., in Smith v. Chester, 1 TR 654, and of Dampier, J., in Bass v. Clive,... | |
 | Great Britain. Court of Common Pleas, John Scott - 1843 - 962 pagina’s
...has happened without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there is no reason to throw off the loss from one...certainly was in the plaintiff, and not in the defendant." And the language of Buller, J., in Smith v. Chester, 1 TR 654, and of Dampier, J., in Bass v. Clive,... | |
 | 1847 - 554 pagina’s
...has happened without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there is no reason to throw off the loss from one innocent man upou another innocent man. But, in this case, if there was any fault or negligence in any one, it certainly... | |
 | George Ross - 1853 - 932 pagina’s
...has N happened without the defendant's fault or neglect If there was no neglect in the plaintiff, yet there is no reason to throw off the loss from one...certainly was in the plaintiff, and not in the defendant. Per Cur. Rule — That the pos/ea be delivered to the defendant. II.— SMITH c. MERCER. Assumpsit... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1860 - 650 pagina’s
...given an appearance of authenticity to the checks, by their payment, calculated to mislead him, and there is no reason to throw off the loss from one innocent man to another innocent man. ( Price v. Neale, svpra; Smith v. Mercer, 6 Taunt., 76, 84, 87 ; Chitty on... | |
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