| Richard Whitaker - 1812 - 280 페이지
...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...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... | |
| Joseph Chitty - 1818 - 892 페이지
...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 or stolen bill transferrable... | |
| Anthony Hammond - 1819 - 618 페이지
...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...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... | |
| Richard Babington - 1826 - 298 페이지
...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...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... | |
| Joseph Chitty - 1826 - 710 페이지
...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 stolen bill transferrable... | |
| George Frederick Jones - 1827 - 220 페이지
...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." He then agrees with the opinion of Lord Mansfield in Wright v. Campbell, which will be... | |
| Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1882 - 562 페이지
...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...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.... | |
| New Jersey. Court of Chancery - 1894 - 722 페이지
...70, in 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... | |
| Great Britain. Court of Common Pleas, Peregrine Bingham - 1831 - 850 페이지
...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...enabled such third person to occasion the loss, must sustain it." The sole question, therefore, is, whether this instrument passes from hand to hand by... | |
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