 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
 | Abraham Clark Freeman - Law reports, digests, etc - 1902 - 1064 pages
...falls within the principle 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 This maxim is mainly confined to cases where the party who is made to suffer the loss has reposed a... | |
 | Jeremiah Smith - Corporation law - 1902 - 768 pages
...v. JIason (2 TR 7:'K '• Whenever one of two innocent parties must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it." (Story on Part., § 108, and authorities there cited.) IB truth, the power conferred in these cases,... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1902 - 1068 pages
...falls within the principle that when one of two innocent persons muet suffer by the act of a third, he who has enabled such third person to occasion the loss must euatain it. This maxim ie mainly confined to cases where the party who is made to suffer the loss has... | |
 | James Smith McMaster - 1903 - 1004 pages
...of the law to its facts. " Whenever one of two innocent parties 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. It is well said by Lord Holt in Hern v. Nichols, i Salk. 289: " For,... | |
 | Joseph Chitty - Contracts - 1904 - 940 pages
...v. Bell (1854), 10 Exch. 10. Wherever 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 ; per Ashurst, J., in Lidcbarrow v. Mason (1787), 1 Sm. LC, 2 TR 63, 70. (k) Per Buller, J., Fain.... | |
 | Ontario - Law reports, digests, etc - 1905 - 856 pages
...made upon them for repayment. " When one of two innocent parties must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it." Although the third party banks had credited Martineau's account with the amount of the forged cheques... | |
 | Bankruptcy - 1905 - 496 pages
...v. Mason [1789] (17), 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 argument put forward on behalf of the defendants is that a principal is responsible for his agent's... | |
 | José A. Saraiva - Bills of exchange - 1905 - 754 pages
...thereon; upon the 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 it is now settled in England and in the United States that even gross negligence on the part of... | |
 | Law reports, digests, etc - 1905 - 874 pages
...upon them for repayment. " When one of two innocent parties must suffer by the acts of a third, lie who has enabled such third person to occasion the loss must sustain it." Although the third party banks had credited Martineau's account with the amount of the forged cheques... | |
 | Law reports, digests, etc - 1907 - 1286 pages
...Rep. 341), on the familiar principle that when two innocent persons must suffer by the act of a third he who has enabled such third person to occasion the loss must bear it. This element, however, was not embodied in the charge. Carefulness or good faith alone upon... | |
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