Hoffman v. Carow
New York Supreme Court
Error from the superior court of the city of Hew-Yorb. Carow brought an action of trover against Hoffman & Co. auctioneers in the city of Baltimore, for a quantity of merchandize, stolen from him in the city of Hew-York, and forwarded by the thief to the defendants in Baltimore, to be sold at auction.
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Error from the superior court of the city of Hew-Yorb. Carow brought an action of trover against Hoffman & Co. auctioneers in the city of Baltimore, for a quantity of merchandize, stolen from him in the city of Hew-York, and forwarded by the thief to the defendants in Baltimore, to be sold at auction. The defendants, without notice of the theft, sold the merchandize and paid over the proceeds to the thief; and they insisted, in their defence, that having done it in good faith, in the ordinary course of their business, they ought not to be held liable, and that the plaintiff should be…
1Opinion of the Court
By the Court, Nelson, C. J.
There can be no doubt that the felon did not acquire any title to the goods in question, and could not transfer title even to a bona fide purchaser. 8 Cowen, 240. 14 Wendell, 34. An exception to this general rule exists in England, in respect to sales made in market overt, but which has no application here.
It is supposed the action will not lie against the defendants. below, because the property was not found in their possession ; and that the owner must follow and demand it of the person in whose possession it may be found. It is difficult to perceive any well…
2Cited by12 opinions
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
- Mohr v. LanganSupreme Court of Missouri · 1901
- Koch v. Branch & CrookesSupreme Court of Missouri · 1869
- Rogers v. HuieCalifornia Supreme Court · 1851
- Courtis v. CaneSupreme Court of Vermont · 1859
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