| Richard Whitaker - Liens - 1812 - 280 pages
...have done against the original consignee,) because the court considered it a settled principle of law, that wherever one of two innocent persons must suffer...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... | |
| Joseph Chitty - Foreign exchange rates - 1818 - 892 pages
...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... | |
| Anthony Hammond - Law reports, digests, etc - 1819 - 618 pages
...Inhabitants of Ribchestcr, 2 M. & S. 138. (f) Of the election of a sufferer between two innocent persons. 1. Wherever one of two innocent persons must suffer by...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... | |
| John Joseph Powell - Mortgages - 1822 - 648 pages
...faith thereof advanced their money. And this is consistent with the broad general principle of- law, that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such person to occasion the loss, must sustain it. Therefore, if a consignee of goods upon the sea assign... | |
| Joseph Chitty - Negotiable instruments - 1826 - 710 pages
...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 - Carriers - 1827 - 220 pages
...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,... | |
| Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - Law reports, digests, etc - 1882 - 562 pages
...And Ashfiurst, J. in 2 Term, 72, lays it down as a broad, general principle, that "whenever one of two innocent persons, must suffer by the acts of a...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;... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...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... | |
| New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...uniformly enforced than "whenever one of wo innocent persons must suffer a loss by the acts of a third, "e who has enabled such third person to occasion the loss must sustain it." Or, as it is sometimes expressed, "that as between persons equally innocent, a loss resulting from... | |
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