Hicks v. Minturn
New York Supreme Court
Error from the superior court of the city of New-York. This was an action against Minturn for negligence as an auctioneer in omitting to make an entry in his sale-book conformable to the requirements of the statute regulating sales at public auction, 2 R. S. 136, § 4, he having in December, 1830, sold a brig belonging to the plaintiffs.
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Error from the superior court of the city of New-York. This was an action against Minturn for negligence as an auctioneer in omitting to make an entry in his sale-book conformable to the requirements of the statute regulating sales at public auction, 2 R. S. 136, § 4, he having in December, 1830, sold a brig belonging to the plaintiffs. The vessel was sold to one S. Whitmore for the sum of $3150, who neglecting to comply with the terms of the sale, the vessel was re-sold at a loss of $600. The owners brought an action against Whitmore and were nonsuited for the want of an entry of the sale in…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The first sale was made 18th December, 1830. The statute, 2R. S. 136, § 4, which took effect on the first day of January preceding the sale, provides that “ whenever goods shall be sold at public auction, and the auctioneer shall, at the time of sale, enter in a sale book, a memorandum, specifying the nature and price of the property sold, the terms of the sale, the name of the purchasers, and the name of the person on whose account the sale was made, such memorandum shall be deemed a note of the contract of sale within the meaning of the last section.” That section…
2Cases cited1 opinion
- Hicks v. WhitmoreNew York Supreme Court · 1834
3Cited by4 opinions
- Fields v. HunterSupreme Court of Missouri · 1843
- Noble v. EulerAppellate Division of the Supreme Court of the State of New York · 1897
- Bank of Missouri v. Merchants' BankSupreme Court of Missouri · 1846
- People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840