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" Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer. "
The American Annual Cyclopedia and Register of Important Events of the Year ... - Page 175
1869
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A Practical Treatise on Bills of Exchange, Checks on Bankers, Promissory ...

Joseph Chitty - Money - 1818 - 844 pages
...right of vi. orthejouo/ action ; for it may be 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...
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Reports of Cases Determined in the Constitutional Court of South ..., Volume 1

South Carolina. Constitutional Court of Appeals - Law reports, digests, etc - 1824 - 494 pages
...th? part of the defendant. The rule itself is founded upon a general principle, that "where one of two innocent persons must suffer, by the act of a third, he who has enabled snch third person to occasion the loss, must sustain it. Per. Ashhvrst, J. in Lickbarrow...
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A Practical Treatise on Bills of Exchange, Checks on Bankers, Promisory ...

Joseph Chitty - Negotiable instruments - 1826 - 653 pages
...J feit ац right of action ; for it may be 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...
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The Merchants' Law Book: Being a Treatise on the Law of Account Render ...

William Grimshaw - Commercial law - 1831 - 346 pages
...forfeit all right of action ; for it may be laid down, as a general principle, that whenever one of two innocent persons must suffer by the act of a third, he who has been the cause of the loss to such third person, must sustain it; and if a person who has not...
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Tables of Interest and Discount: And Business Man's Assistant; Showing the ...

Nicholas Harris - Interest - 1840 - 112 pages
...of payment, and notice to the drawer. What is laid down as a general principle in law ? That where two innocent persons must suffer by the act of a third, he who enabled such third person to occasion the loss, must sustain it. Is there any remedy for a person...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 16

Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - Law reports, digests, etc - 1841
...Chilly's treaties on bills, page 278, it may be 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 person to occasion the loss must sustain it." And Byles at page 92, remarks, that...
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Reports of Cases Argued and Adjudged in the Superior Court of ..., Volume 1

Robert D. Handy, John H. Handy - Law reports, digests, etc - 1855 - 598 pages
...applied, then another rule of law, and a most salutary one, would be abrogated, " that when one of two innocent persons must suffer by the act of a third, he who has enabled such third person to occasion loss, must sustain it." Chitty on Bills, 9th Ed. 256...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 2

George Caines - Law reports, digests, etc - 1860
..."Winter v. Bank of Now York. 2 Wash. Rep. 245. It is a principle, not controverted, that where 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. Testing the evidence by this...
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The Exchequer Reports: Reports of Cases Argued and ..., Volume 7; Volume 145

Edwin Tyrrell Hurlstone, John Paxton Norman - Law reports, digests, etc - 1862
...Lickbarrow v. Mason (a), said : — " We may lay it down, as a broad general principle, that 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." [Martin, B. — Suppose an...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 7

Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, John Paxton Norman - Law reports, digests, etc - 1862
...Lickbarrow v. Mason (a), said : — " We may lay it down, as a broad general principle, that 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." [Martin, B. — Suppose an...
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