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" 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. "
Reports of Cases Determined in the Constitutional Court of South-Carolina - Seite 162
von South Carolina. Constitutional Court of Appeals - 1824 - 494 Seiten
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A Practical Treatise on Bills of Exchange, Checks on Bankers, Promissory ...

Joseph Chitty - 1818 - 892 Seiten
...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...
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A Practical Treatise on Bills of Exchange: Checks on Bankers, Promisory ...

Joseph Chitty - 1826 - 710 Seiten
...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...
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The Merchants' Law Book: Being a Treatise on the Law of Account Render ...

William Grimshaw - 1831 - 354 Seiten
...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...
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Tables of Interest and Discount: And Business Man's Assistant; Showing the ...

Nicholas Harris - 1840 - 126 Seiten
...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...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 16

Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - 1841 - 666 Seiten
...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, that " bills and...
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Reports of Cases Argued and Adjudged in the Superior Court of ..., Band 1

Robert D. Handy, John H. Handy - 1855 - 638 Seiten
...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....
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 2

George Caines - 1860 - 604 Seiten
..."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,...
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The Exchequer Reports: Reports of Cases Argued and Determined in the ..., Band 7

Great Britain. Court of Exchequer, Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - 1058 Seiten
...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,...
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The Exchequer Reports: Reports of Cases Argued and ..., Band 7;Band 145

Edwin Tyrrell Hurlstone, John Paxton Norman - 1862 - 1112 Seiten
...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,...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Band 17

Massachusetts. Supreme Judicial Court - 1864 - 580 Seiten
...Lickbarrow vs. Mason (26), " 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." The cases on this point are numerous. If...
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