 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 Southwestern Reporter - Halaman 181916Tampilan utuh - Tentang buku ini
 | 1884 - 978 halaman
...the opinion of court, said : "The rule that when one of two innocent parties must suffer by the act of a third, he who has enabled such third person to occasion the loss must sustain it, is not applicable, for the reason that the indorser did not in any legal sense enable the maker to... | |
 | Richard Hallilay - 1884 - 678 halaman
...is the rule of law where one of two innocent persons must suffer by the act of a third ? A.—That he who has enabled such third person to occasion the loss must sustain it: (per Ashurst, J. in Lickbarrow v. Mason, 2 TE 70.) Q.—If I start game in my own land, have I a right... | |
 | Isaac Grant Thompson - 1884 - 880 halaman
...opinion on the doctrine, that "when one of the innocent parties must suffer by the act of a third, lie who has enabled such third person to occasion the loss must sustain it." In a similar case, where a man signed a negotiable note thinking it was a different paper, induced... | |
 | 1885 - 1000 halaman
...purchaser, under such circumstances, ought to be protected, upon the general principle that wherever one of two innocent persons must suffer by the acts of a...third person to occasion the loss must sustain it. And to apply this doctrine to the case in hand, the loss would fall upon the plaintiff, for he, by... | |
 | 1887 - 956 halaman
...expressed by ASHHTJRST in Lickbarrow v. Mason, 2 Term R. 70: 'Whenever one of two innocent parties must suffer by the acts of a third, he who has enabled...third person to occasion the loss must sustain it.'" See, also, Quick v. Milligan, supra; Hunter v. Fttzmaurice, 102 Ind. 449; S. С. 2 NE Rep. 127; Young... | |
 | 1887 - 924 halaman
...be made to them, if either one must suffer, the loss should fall upon Landon; for, "whenever one of two innocent persons must suffer by the acts of a...third person to occasion the loss must sustain it." Lickbarrow v. Mason, 2 Term E. 63. Among all the reported cases, and I have made quite diligent search,... | |
 | Henry Morrison Herman - 1886 - 952 halaman
...any claim to relief against the purchaser under the mortgage foreclosure. 1 § 766. Whenever one of two innocent persons must suffer by the acts of a...third person to occasion the loss must sustain it.' For example plaintiffs had ' Collier v. Pfenning, 34 NJE 22. ' Broom's Legal Max. 686; Lickbarrow v.... | |
 | 1913 - 1152 halaman
...settled nor more uniformly enforced than, "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." Or, as it is sometimes expressed, "that as between two persons equally innocent, a loss resulting from... | |
 | John Warwick Daniel - 1886 - 1054 halaman
...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. But in another case in that State the maker was held liable to a bona fide holder for value, notwithstanding... | |
 | 1887 - 542 halaman
...expressed by Ashhurst,.I.,in Lickbarrow v. Mason, 2 TR 70 : ' Whenever one of two innocent parties must suffer by the acts of a third, he who has enabled...third person to occasion the loss must sustain it.' " See also Quick v. Milligan, supra; Hunter v. Fitzmaurice, 102 Ind. 449 : Young v. Bradley, 08 Ill.... | |
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