 | Joseph Chitty - 1818 - 892 pages
...consequently forfeit all 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... | |
 | John Joseph Powell - 1822 - 648 pages
...general principle of- law, that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such person to occasion the loss, must sustain it. Therefore, if a consignee of goods upon the sea assign the bills of lading to a third person, as a... | |
 | William Grimshaw - 1831 - 354 pages
...it, will consequently 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... | |
 | Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - 1841 - 666 pages
...I hem. "For, says 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,... | |
 | Joseph Story - 1846 - 756 pages
...and the facts existed.3 This whole doctrine proceeds upon the intelligible ground, that, where one of two innocent persons must suffer by the act of a third person, he shall suffer, who has been the cause or occasion of the confidence and credit reposed in such third... | |
 | Hawaii. Office of the Attorney General - 1846 - 710 pages
...instructions, unknown to the persons dealing with him. And this is founded on the doctrine, where one of two persons must suffer by the act of a third person, he who has held that person out as worthy of trust and confidence, and having authority in the matter, shall be... | |
 | United States. Supreme Court - 1847 - 844 pages
...On this principle, the firm is bound for the frauds committed by one of its partners. Where one of two innocent persons must suffer by the act of a third person, the rule is just, that he shall suffer who reposed the higher confidence and credit in such person.... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1880 - 910 pages
...is not doubtful. A principle of natural justice decides against her. And when stated broadly, it is that whenever one of two innocent persons must suffer by the act of a third, the loss shall be borne by that one whose behavior in the matter denoted to the other that such third... | |
 | Georgia. Supreme Court - 1856 - 744 pages
...the power to bind the partnership, in things within the scope of the partnership; and "where one of two innocent persons must suffer by the act of a third person, he shall, suffer who has been the cause or occasion of the confidence and credit reposed in such third... | |
 | 1864 - 824 pages
...American cases, in attempting to follow out the principle of the case of Lickbarrow vt. Mason, 2 TR 70, that whenever one of two innocent persons must suffer...such person to occasion the loss must sustain it, have held many parties estopped from showing the true state of the facts in their defence, upon much... | |
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Agency, 193, note. These elementary principles are founded on the doctrine that where one of two persons must suffer by the act of a third person, he who has held that person out as worthy of trust and confidence, and as having authority in that matter,... 
