 | California. Superior Courts - 1924 - 200 стор.
...want of a superior equity for the case does not. come under Civ. Code, Sec. 3543 that "Where one of two innocent persons must suffer by the act of a third, he by whose negligence it happened must suffer 55 ESCROW. Depositaries. A deposit of stock certificate... | |
 | California - 1925 - 600 стор.
...effect is preferred to one which makes void. 3542. Interpretation must be reasonable. 3543. Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer. INDEX (455) INDEX References are to sections;... | |
 | 1898 - 1070 стор.
...negligence. Complainant further contends that the equitable rule above mentioned, namely, "Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened must be the sufferer," cannot be invoked by Jones Taylor, for the reason... | |
 | 1884 - 544 стор.
...way induced by him, the case did not come within the application of the rule that where one of the innocent persons must suffer by the act of a third,...enabled such third person to occasion the loss must himself bear it.23 If a vendor remaining in possession of the goods shows them to a third person as... | |
 | 1904 - 542 стор.
...shall lose most, ' or as it was formerly stated when on of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss miK-t sustain it.2 That the foundation of this doctrine, first declared by Lord Ashhurst is equitable... | |
 | 1900 - 536 стор.
...Me. 194; Van Duzer v. Howe, 21 NY 531 ; Blakey v. Johnson, 13 Bush, 197. "Whenever one of two parties must suffer by the act of a third, he who has enabled that third person to occasion the loss must sustain it himself rather than the other innocent party."... | |
 | 1884 - 548 стор.
...permitted the agent, or third persons, to believe he has authorized, upon the ground that where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer, and, because, if the agent were the party thus... | |
 | New Brunswick. Supreme Court, Ward Chipman, John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, George Wheelock Burbidge, Arthur I. Trueman, John L. Carleton, George W. Allen, William Henry Harrison, Ernest Doiron, Douglas King Hazen - 1901 - 710 стор.
...Lickbarrow v. " Mason (2) Mr. Justice Ashurst says : ' We lay it down as a broad "'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 bear it.' The principle, in "itself so just, has been applied... | |
 | 1925 - 524 стор.
...expression in Section 3543 of the Civil Code, where it is laid dwwn in these terms : 'Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.' Here it appears without conflict that the true... | |
 | 1896 - 1224 стор.
...assert involves little more than an application of the familiar general principle that, where one of two innocent persons must suffer by the act of a third, he must suffer who put it In the power of the third to dp the act." The case before us is even stronger;... | |
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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. 
