 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 Northeastern Reporter - Page 5891887Full view - About this book
 | Richard Whitaker - 1812 - 280 pages
...because the court considered it a settled principle of law, that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled...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... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 898 pages
.../*.+ fr «r4v <*•*. °nc of two innocent persons must suffer by the acts of a third, V ~//r (O ? he who has enabled such third person to occasion the loss must sustain it. If that be so, it will be a strong and leading clue to the decision of the present case. It has been... | |
 | Joseph Chitty - 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 - 1819 - 618 pages
...Of the election of a sufferer between two innocent persons. 1. Wherever one of two innocent persons must suffer by the acts of a third, he who has enabled...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 - 1822 - 648 pages
...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... | |
 | Richard Babington - 1826 - 298 pages
...seller of his right to stop in transitu." Upon the principle, that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled...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 valuable... | |
 | Joseph Chitty - 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 - 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 - 1882 - 562 pages
...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, he who has enabled...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 - 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... | |
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