 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
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Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer. 
