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Innocence

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Being free from the guilt of crime, fraud, or negligence.

Innocent.

Not chargeable with fault, fraud, or wrong: as; an innocent purchaser or holder.

1.

Where one of two innocent parties must suffer through the fraud or wrong -of a third party, the loss falls upon him who gave the credit; as, where one signs his name to blank paper which is afterward fraudulently made a promissory note.* If one of two innocent parties must suffer for a deceit, it is more consonant to reason that he who " puts the trust and confidence in the deceiver (agent, cashier, etc.) should be the loser, rather than the stranger."", The loss should fall on him who by reasonable diligence could have protected himself.^ He who gave the power to do the wrong must bear the burden of the consequences.^ In the negotiation of commercial paper, a holder is not innocent where there is any circumstance to excite the suspicion of a man of ordinary caution as to a defect or irregularity in the paper, or a want of power in any party thereto.^ See Faith, Good; Enowl-