 | Richard Whitaker - 1812 - 280 Seiten
...original consignee,) because the court considered it a settled principle of law, that wherever one of two innocent persons must suffer by the acts of a...enabled such 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... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 898 Seiten
.../*.+ 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.... | |
 | Joseph Chitty - 1818 - 892 Seiten
...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... | |
 | Anthony Hammond - 1819 - 618 Seiten
...Ribchestcr, 2 M. & S. 138. (f) Of the election of a sufferer between two innocent persons. 1. Wherever one of two innocent persons must suffer by the acts of a...enabled such 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... | |
 | John Joseph Powell - 1822 - 648 Seiten
...their money. And 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 Seiten
...sufficient to deprive the 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...enabled such 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... | |
 | Joseph Chitty - 1826 - 710 Seiten
...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... | |
 | George Frederick Jones - 1827 - 220 Seiten
...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... | |
 | Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1882 - 562 Seiten
...inquiry, any was paid. And Ashfiurst, J. in 2 Term, 72, lays it down as a broad, general principle, that "whenever one of two innocent persons, must suffer...enabled such 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.... | |
 | New Jersey. Court of Chancery - 1894 - 722 Seiten
...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... | |
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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. 
