 | 1873 - 532 sayfa
...the opinion, that a note made under the circumstances of this case is valid as to a bonafide holder, on the principle, that where a loss must be borne by one of two innocent persons, it should be borne by him who occasions it. See Caulkins v. Fry, 35 Conn. 170; ante, vol. 6, 118. In Rutherford... | |
 | 1896 - 866 sayfa
...express exception. An insane person mav be liable for burning the property of another, for the reason that where a loss must be borne by one of two innocent persons, it must fall upon the one occasioning that loss; yet the burning of his own insured property does not... | |
 | Isaac Grant Thompson - 1873 - 802 sayfa
...innocent party for the acts which he performs when in that condition ? It seems to me that he ought, on the principle that where a loss must be borne,...persons, it shall be borne by him who occasioned it. As between fte contracting parties, whero one of them is so drunk as not to know what he is doing,... | |
 | 1897 - 642 sayfa
...fraud committed on him by the vendor or he has knowledge of his condition. Chief Justice GIBSON said: "Should he have made a wild and unthrifty purchase...persons it shall be borne by him who occasioned it." In Lancaster County National Bank v. Moore, 78 Pa. 407, Mr. Justice PAXSON quoted this language with... | |
 | 1875 - 462 sayfa
...consequences of bis infirmity, as he in liable to bear his misfortunes on the principle that when a loss is to be borne by one of two innocent persons, it shall...think? To treat him as a madman would exclude every spectator from the transactions of commerce." It will be observed in this case that the goods were... | |
 | Isaac Grant Thompson - 1876 - 854 sayfa
...and force. He says: " It is a general and just rule, that when a loss has happened which must fall on one of two innocent persons, it shall be borne by him who is the occasi Jn of the loss, even without any positive fault committed by him, but more especially... | |
 | 1881 - 628 sayfa
...person of competent understanding." Chief Justice GIBSON based the lunatic's liability in such cases on the principle that where a loss must be borne by...persons, it shall be borne by him who occasioned it ; he is liable to bear the consequences of his infirmity, as he is liable to bear his misfortunes.... | |
 | 1883 - 632 sayfa
...This is all that was intended by Chief Justice GIBSON in Deals v. See (10 Barr, 56), when he said: "As an insane man is civilly liable for his torts,...persons, it shall be borne by him who occasioned it." In the same line of reasoning, are the recent cases of Lancaster County Bank v. Moore (28 PFS 407),... | |
 | 1883 - 994 sayfa
...insane man is civilly liable for his torts, he is liable to bear the consequences of his inñrrnity. as he is liable to bear his misfortunes, on the principle...persons, it shall be borne by him who occasioned it." This was quoted approvingly in Laniinstrr v. Мочге, 78 Pa. St. i:t!. and is substantially the... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1883 - 770 sayfa
...negligence, as that word is usually understood, but, in the language of Chief Justice GIBSON, supra, " on the principle that where a loss must be borne by one of two innocent persons, it should be borne by him who occasioned it." For the reasons given, it follows as a logical sequence... | |
| |
... on the principle that where a loss must be borne by one of two innocent persons, it shall be borne by him who occasioned it. 
