 The principle of equity that where one of two innocent persons must suffer by the act of a third, he who has enabled such third person to cause the loss must bear it, is entirely too broad in its scope to be invoked in this character of action.  The Pacific Reporter - الصفحة 3181920عرض كامل - لمحة عن هذا الكتاب
 | Joseph Chitty - 1818 - عدد الصفحات: 892
...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, 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... | |
 | South Carolina. Constitutional Court of Appeals - 1824 - عدد الصفحات: 526
...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 - عدد الصفحات: 710
...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 fur a loss or... | |
 | William Grimshaw - 1831 - عدد الصفحات: 354
...forfeit all right of 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, 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 - عدد الصفحات: 126
...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... | |
 | Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - 1841 - عدد الصفحات: 666
...Chilly's treaties on bills, page 278, it may be 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 person to occasion the loss must sustain it." And Byles at page 92, remarks, that " bills and notes... | |
 | Robert D. Handy, John H. Handy - 1855 - عدد الصفحات: 638
...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, 2 TR 70. The... | |
 | George Caines - 1860 - عدد الصفحات: 604
..."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, I proceed to examine... | |
 | Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - عدد الصفحات: 1058
...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 a plea of non... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - عدد الصفحات: 1112
...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 a plea of non... | |
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