 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 580 pages
...Lickbarrow vs. Mason (26), " 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." The cases on this point are... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1868 - 658 pages
...recognize more or less fully the principle stated in Licklarrow v. Mason, 2 LR, 70 ; 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. In some of them, however, its applicability... | |
 | Law - 1868 - 894 pages
...more or less fully the principle stated in Lickbarrow v. Mason, 2 Term R. 73 ; 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. In some of them, however, its applicability... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1870 - 712 pages
...stands, it seems to me, upon impregnable ground in equity — upon the principle that whenever one of two innocent persons must suffer by the act of a third, he who has enabled the third person to do or occasion the injury, or commit the fraud, if it be one, must... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1874 - 672 pages
...purchaser for value, for the want of delivery ; nor was the maker liable on the ground 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. Cline v. Gutltrie, 227 6. Individual... | |
 | California - Civil law - 1876 - 612 pages
...makes void. § 3542. Interpretation mnst be reasonable. § 3543. Where one of two innocent persons mnst suffer by the act of a third, he, by whose negligence it happened mnst be the sufferer. Approved, March 21, 1872. NEWTON BOOTH, Governor. The amendments which took effect... | |
 | Law reports, digests, etc - 1912 - 1262 pages
...without inquiry. The principle relied on by the respondent is that, "when one of two innocent parties must suffer by the act of a third, he by whose negligence it happened must be the sufferer." But that principle has no application under these facts. The defendant, having purchased... | |
 | Claude Charles Molyneux Plumptre - Contracts - 1879 - 326 pages
...without any at all, the principal must be held liable, in accordance with the maxim, 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 (per Ashurst, J., in Lickbarrowv.... | |
 | John Warwick Daniel - Negotiable instruments - 1886 - 990 pages
...loss falls, and enforce payment by any party liable 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.8 And it is now settled in England... | |
 | Law reports, digests, etc - 1894 - 1166 pages
...be in disregard of the maxim of law that, "When one of two .innocent persons must suffer by the acts of a third, he by whose negligence it happened must be the sufferer." Civil Code, § 3543. The general rule is that "where a person, by word or conduct, induces... | |
| |
Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer. 
