 | California. Supreme Court - Law reports, digests, etc - 1913 - 1028 pages
...agency, but is general. Generally, it is stated as in our code : "Where one of two innocent parties must suffer by the act of a third, he by whose negligence it happened must be the sufferer": Civ. Code, sec. 35-13. The statement is slightly self-contradictory, but really, I think,... | |
 | California. Supreme Court - Law reports, digests, etc - 1913 - 1038 pages
...be the sufferers, rather than plaintiff, under Civil Code, section 3543, providing that, when one of two innocent persons must suffer by the act of a third, he by whose aegligence it happened must be the sufferer. APPEAL from Superior Court, Los Angeles (Jounty; MT Allen,... | |
 | Edwin Charles Goddard - Agency (Law) - 1914 - 916 pages
...brief statement of the effect of the essential principle of estoppel, viz., "that, whenever one of two innocent persons must suffer by the act of a third, he who enables such third person to occasion the loss must sustain it." Lickbarrow v. Mason, 2 TR 63 ;... | |
 | Robert Campbell - Annotations and citations (Law) - 1916 - 1292 pages
...App. 253, 37 NE 1048, holding principle at basis of all estoppels in pais is, 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; StelTens v. Nelson, 94 Minn.... | |
 | South Dakota. Supreme Court - Court rules - 1917 - 804 pages
...maker ; and such a case is within the meaning of Civ. Code, Sec. 2442, providing that where one of two innocent persons must suffer by the act of a third, he by who'!" negligence it happended must be the sufferer, and Sees. , 1661, li»65. concerning ostensible... | |
 | Electronic journals - 1920 - 484 pages
...significant that no case is recalled where the Supreme Court has condemned as violating 14 "Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer." Supra, n. 1, p. 324. " 5 C. 5. 846. The pendulum of assignability seems now to have swung... | |
 | Otis Albert McKelvie - Law - 1920 - 92 pages
...so should the rule itself. Where the reason is the same, the rule should be the same. Where one or two innocent persons must suffer by the act of a third, he by whose negligence it happened must be the sufferer. r ... | |
 | Law reports, digests, etc - 1920 - 1296 pages
...the well-known maxim of Jurisprudence found in section 3543 of our Civil Code that — "Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened muet be the sufferer." [3, 4] The doctrine so expressed is often referred to as estoppel by negligence,... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1920 - 920 pages
...the burden on the principle that no one can take advantage of his own wrong, and that where one of two innocent persons must suffer by the act of a third, he by whosa negligence it happened, must be the sufferer. (Id.) 3. NON-NEGOTIABLE INSTRUMENT — DEFENSE... | |
 | Law reports, digests, etc - 1920 - 1260 pages
...Finlay, LC (page [794]). Loss to innocent person — Who should bear. The 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, is too wide. The neglect must... | |
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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. 
