Legal Opinion

Hulse v. Young

New York Supreme Court

Decided January 15, 1819PublishedCited by 2 opinions

IN ERROR, on certiorari to a Justice’s Court. The defendant in error brought an action, in the Court below, against the plaintiff in error, for goods sold and delivered. The goods in question were the property of one Murray, and were sold by the plaintiff 'helow as an auctioneer.

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IN ERROR, on certiorari to a Justice’s Court. The defendant in error brought an action, in the Court below, against the plaintiff in error, for goods sold and delivered. The goods in question were the property of one Murray, and were sold by the plaintiff 'helow as an auctioneer. The defendant below objected, that the plaintiff could not maintain the action, and moved for a nonsuit, which the justice denied, and left the cause to the jury, who found a verdict for the plaintiff below.

1Per curiam

The single question is, whether the auctioneer could, in this case, maintain a suit in his own name ; and there can he no doubt that the action well lies. The case of Williams v. Millington, (1 H. Black. Rep. 81.) is a very strong authority in favour of the auctioneer’s right to sue in his own name, though the sale is at the owner’s house, and the goods were known to be his property. Lord Lough-borough, Ch. J., held, that the auctioneer had a possession of the goods, coupled with an interest in them, and not a bare custody, like a servant or a shopman, and that it made no difference whether…

2Cited by2 opinions

  1. Shiras v. MorrisCourt for the Trial of Impeachments and Correction of Errors · 1827
  2. Williams v. Ocean InsuranceMassachusetts Supreme Judicial Court · 1841

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