 | Joseph Chitty - 1818 - 892 Seiten
...business, and holder, who lost it, will consequently forfeit all right of vi. orthejouo/ action ; for it may be laid down as a general principle, ' that whenever...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... | |
 | John Joseph Powell - 1822 - 648 Seiten
...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 the bills of lading to a third person, as a... | |
 | South Carolina. Constitutional Court of Appeals - 1824 - 526 Seiten
...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 vs. Ma~ son,... | |
 | Joseph Chitty - 1826 - 710 Seiten
...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 given a consideration... | |
 | William Grimshaw - 1831 - 354 Seiten
...parties ; and the original holder, who lost it, will consequently forfeit all right of action ; for it may be laid down, as a general principle, that whenever...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 given... | |
 | Nicholas Harris - 1840 - 126 Seiten
...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 who... | |
 | Robert D. Handy, John H. Handy - 1855 - 638 Seiten
...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 ; Lickbarrow vs. Mason,... | |
 | George Caines - 1860 - 604 Seiten
..."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 equitable principle,... | |
 | Illinois. Supreme Court - 1874 - 660 Seiten
...appearance of authority. 3. When one of two innocent persons must suffer by the act of a third person, he who has enabled such person to occasion the loss, must sustain it. 4. NEGLIGENCE. In such a case, it is not negligence in the obligee to fail to go to the surety and... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - 1112 Seiten
...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 action on a bond, with... | |
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... 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. 
