 | Joseph Chitty - Contracts - 1904 - 940 pages
...See Summers v. Solomon (1857), 7 E. & B. 879 ; Thompson 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... | |
 | José A. Saraiva - Bills of exchange - 1905 - 754 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. And it is now settled in England... | |
 | Tennessee. Supreme Court - Law reports, digests, etc - 1905 - 836 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 a third person to occasion the loss must sustain it." See, also, Jordan v. Jordan,... | |
 | Law reports, digests, etc - 1907 - 1286 pages
...protected (McNeil v. Tenth National Bank, 46 NY 325, 7 Am. 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... | |
 | Leslie Jay Tompkins - Corporation law - 1908 - 1188 pages
...declared by Ashurst, J., in Lickbarrov.' v. Mason, 2 D. & E. 70, frequently quoted, that " Whenever one of two innocent persons must suffer by the act of a third, he who has enabled the former to occasion the loss must sustain it," has no application to such a case.... | |
 | Law reports, digests, etc - 1909 - 1164 pages
...UNAUTHORIZED ACTS — APPARENT AUTHORITY OF AGENT. Under Civ. Code, § 3543, providing that, where one of two innocent persons must suffer by the act of a third, he whose negligence caused the act must suffer, where a principal invests his agent with apparent authority... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1910 - 1266 pages
...because the assignee of a mortgage may protect his rights by recording an assignment. '' Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer": Rev. Civ. Code, sec. 2442. Any other rule would render the recording of satisfactions ineffectual... | |
 | Ernest Wilson Huffcut - Negotiable instruments - 1910 - 914 pages
...111. 559." The court further held that the case did not fall " 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. ... The order was drawn at... | |
 | Willis Ernest Johnson - South Dakota - 1911 - 358 pages
...gives effect is preferred to one which makes void. Interpretation must be reasonable. Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. —Civil Code. QUESTIONS. INTERPRETING AND APPLYING LAW. Why are courts established? Name... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1912 - 964 pages
...v. Finch, 97 NC, 303,v and in the Bowers case, Justice Walker, after saying that when. over 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, quotes Lord Holt as follows... | |
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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. 
