 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1870 - 764 pàgines
...and Bills, 274, 279 ; 20 How. (US) 364 ; 1 Wallace, 203. 2. " Whenever one of two innocent parties must suffer by the acts of a third, he who has enabled...third person to occasion the loss must sustain it." Uckbarrow v. Mason, 2 Term, 70 ; 34 NY 30 ; 15 Wis. 85 ; Story on Part. § 108, and authorities there... | |
 | Sir John Barnard Byles - 1870 - 664 pàgines
...prudent man(e). "For it is a general rule, that where one of two innocent persons must suffer from the acts of a third, he who has enabled such third person to occasion the loss must sustain it" (_/'). And supposing the equity of the loser and payer precisely equal, there is no reason why the... | |
 | Austin Abbott - 1872 - 576 pàgines
...him to assume (32 Barb., 18; 35 Id., 467 ; 16 Id., 77; Mid., 469 ; 31 How. Pr., 97). II. Where one of two innocent persons must suffer by the acts of a...third person to occasion the loss must sustain it (Ot. of Appeals, 3 Keyes, 572 ; 28 How. Pr., 66 ; 39 NY, 441). If there is evidence of apparent authority,... | |
 | Ohio. Supreme Court - 1884 - 806 pàgines
...seeing to it that the bonds were canceled. It is supposed to rest on the maxim that whenever one of two innocent persons must suffer by the acts of a...third person to occasion the loss must sustain it. The claim is, that by reason of that neglect the board is estopped to deny a reissue of the bonds.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874 - 672 pàgines
...But it is urged that this case falls within the general principle which has become a maxim of law, that when one of two innocent persons must suffer...third person to occasion the loss, must sustain it. This is a principle of manifest justice, when confined within its proper limits. But the principle,... | |
 | 1874 - 778 pàgines
...same doctrine was expressed in a form very familiar to the profession, and that is, whenever one of two innocent persons must suffer by the acts of a...third person to occasion the loss must sustain it. The great principle of the law of estoppel is, that when an act is done or a statement made by a party... | |
 | New York (State). Court of Appeals - 1874 - 732 pàgines
...recognized and followed since : " When* Commented on in 2 Bosw. 433. Rawls v. Deshler. ever one of two innocent persons must suffer by the acts of a...third person to occasion the loss must sustain it." Applying this doctrine to the present case, we have no difficulty in saying the defendant must sustain... | |
 | Sir John Barnard Byles - 1874 - 860 pàgines
...prudent man.(e) " For it is a general rule, that where one of two innocent persons must suffer from the acts of a third, he who has enabled such third person to occasion the loss must sustain \t."(f) And supposing the equity of the loser and payer precisely equal, there is no reason why the... | |
 | North Carolina. Supreme Court - 1875 - 694 pàgines
...imputed to the defendant : but no principle of equity is better established than that where one of two innocent persons must suffer by the acts of a...third person to occasion the loss, must sustain it. This doctrine is not confined to negotiable securities, but is of general application, and it would... | |
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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 
