 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.  Term Reports in the Court of King's Bench - Page 80by Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817Full view - About this book
 | Richard Whitaker - Liens - 1812 - 280 pages
...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... | |
 | Joseph Chitty - Foreign exchange rates - 1818 - 892 pages
...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
...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... | |
 | Richard Babington - Auctions - 1826 - 300 pages
...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 - Negotiable instruments - 1826 - 710 pages
...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 - 216 pages
...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
...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;... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...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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