 | Richard Whitaker - 1812 - 280 pages
...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 third, he who has enabled such third person to occasion the loss, must sustain it; and the consignor by indorsing the bill of... | |
 | Anthony Hammond - 1819 - 618 pages
...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 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... | |
 | John Joseph Powell - 1822 - 648 pages
...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... | |
 | Richard Babington - 1826 - 298 pages
...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 third, he who has enabled such third person to occasion the loss must sustain it; it has been held, that if a consignee assign... | |
 | George Frederick Jones - 1827 - 216 pages
...before the Court of King's Bench, Mr. Justice Ashurst began his judgment with thie proposition: (6) " We may 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."... | |
 | Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1882 - 562 pages
...stand for the sum actually paid, if, upon inquiry, any was paid. And Ashfiurst, J. in 2 Term, 72, lays it down as a broad, general principle, that "whenever...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,... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1831 - 850 pages
...and in Lickbarrarw v. Mason (c) it is laid 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." The sole question, therefore, is, whether... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1832 - 874 pages
...Ashhurst said (c) — " We may lay it down as a broad general principle, that 1831. 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, in Truettel v. Karandon, Mr. Justice... | |
 | New York (State). Court of Chancery, Alonzo Christopher Paige - 1839 - 692 pages
...that case a bona fide purchaser who has no notice of the fraud will be protected. For where one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the injury must sustain the loss. It is not necessary in this case to... | |
 | John William Smith - 1841 - 744 pages
...entertained on the first argument. 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. If that be so, it will be a strong and leading... | |
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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. 
