 | William David Evans - Commercial law - 1802 - 364 pages
...bill, arid faid, " It is a miffortune which has happened without the defendant's fault or ncgleft." If there was no neglect in the plaintiff, yet there is no reafon to throw off the lofs from one innocent man to another innocent man : but in this cafe, if there... | |
 | Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 648 pages
...lit is a misfortune which has happened without t\ie defend' \ant's fault or neglect. (// there was wo neglect in the plaintiff, yet there is no reason to...loss from one innocent man upon another innocent man : but, ш . flus case, if there was èny fault or negligence ¡o any 17(Ja. 'One, it certainly was... | |
 | Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 450 pages
...from the indorsee in ah action for money had and received to his use. For even supposing no negligence in the plaintiff; yet there is no reason to throw off the loss, from one intiocent man upon another innocent man. iii. 1354 to 1357. A merchant gave a cash-note upon his banker,... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...whole value, tonajide : it is a misfortune which has happened without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there...loss from one innocent man upon another innocent man: but, in this case, if there was any fault or negligence in any one, it certainly was in the plaintiff,... | |
 | Henry Roscoe - Bills of exchange - 1829 - 532 pages
...value, bond jide. It is a misfortune which has happened, without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there...loss from one innocent man upon another innocent man; but in this case, if there was any fault or negligence in any one, it certainly was in the plaintiff,... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 962 pages
...plaintiff's side). It is a misfortune which has happened without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there...loss from one innocent man upon another innocent man : but, in this case, if there was any fault or negligence in any one, it certainly was in the plaintiff,... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1843 - 966 pages
...plaintiff's side). It is a misfortune which has happened without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there...loss from one innocent man upon another innocent man : but, in this case, if there was any fault or negligence in any one, it certainly was in the plaintiff,... | |
 | Commercial law - 1847 - 554 pages
...whole value bona fide. It is a misfortune which has happened without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there...reason to throw off the loss from one innocent man upou another innocent man. But, in this case, if there was any fault or negligence in any one, it certainly... | |
 | George Ross - Commercial law - 1853 - 932 pages
...value, bona fide. It is a misfortune which has N happened without the defendant's fault or neglect If there was no neglect in the plaintiff, yet there...loss from one innocent man upon another innocent man; but in this case, if there was any fault or negligence in any one, it certainly was in the plaintiff,... | |
 | New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - Law reports, digests, etc - 1860 - 650 pages
...given an appearance of authenticity to the checks, by their payment, calculated to mislead him, and there is no reason to throw off the loss from one innocent man to another innocent man. ( Price v. Neale, svpra; Smith v. Mercer, 6 Taunt., 76, 84, 87 ; Chitty on... | |
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It is a misfortune which has happened without the defendant's fault or neglect. If there was no neglect in the plaintiff, yet there is no reason to throw off the loss from one innocent man upon another innocent man. But, in this /case, if there was any... 
