 | Richard Whitaker - Liens - 1812 - 280 pages
...considered it a settled principle of law, 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; and the consignor by indorsing the bill of lading to the consignee, by his own act empowered the latter... | |
 | Joseph Chitty - Foreign exchange rates - 1818 - 892 pages
...right of vi. orthejouo/ action ; for it may be laid down as a general principle, ' that whenever one of two innocent persons must suffer by the act of a third,...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 by mere... | |
 | Anthony Hammond - Law reports, digests, etc - 1819 - 618 pages
...sufferer between two innocent persons. 1. 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. Lickbarrow v. Mason, 2 TR 70 ; SC 5 TR 683 ; l HB357; 2H.B. eil. 2. In a case where one of two innocent... | |
 | South Carolina. Constitutional Court of Appeals - Law reports, digests, etc - 1824 - 526 pages
...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 - Negotiable instruments - 1826 - 710 pages
...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,...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 by mere... | |
 | Richard Babington - Auctions - 1826 - 300 pages
...in transitu.c Upon the 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 ; it has been held, that if a consignee assign bills of lading to a third person bondjide and for a... | |
 | George Frederick Jones - Carriers - 1827 - 220 pages
...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 noticed hereafter,... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...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 as between... | |
 | Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - Law reports, digests, etc - 1882 - 562 pages
...as a broad, general principle, that "whenever 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." Forrest, by giving Z. hia unqualified note, enabled him to offer, and to pell it to C. as a valid note;... | |
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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. 
