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 - Page 3181920Full view - About this book
| 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, 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 - 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, 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 - Commercial law - 1831 - 354 pages
...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 - Interest - 1840 - 126 pages
...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 - Law reports, digests, etc - 1855 - 638 pages
...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 - Law reports, digests, etc - 1860 - 604 pages
..."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 - Law reports, digests, etc - 1862 - 1058 pages
...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 - Law reports, digests, etc - 1862 - 1112 pages
...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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