Hicks v. Whitmore
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in January, 1832, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought to recover the difference between the first and second sales of a brig, at auction. She was struck off to the defendant, at the first sale, at $3150 j the terms of sale were, approved endorsed notes at six months.
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This was an action of assumpsit, tried at the New-York circuit in January, 1832, before the Hon. Ogden Edwards, one of the circuit judges. The suit was brought to recover the difference between the first and second sales of a brig, at auction. She was struck off to the defendant, at the first sale, at $3150 j the terms of sale were, approved endorsed notes at six months. The plaintiffs alleged that the defendant having failed to tender approved endorsed notes, they re-sold the brig at auction after notice to . the defendant, and upon such re-sale she brought only #2550. They claimed to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The principal question is whether the auctioneer made an entry in his sale book, in conformity with the statute. The fourth section of our present statute of frauds, 2 R. S. 136, is as follows : “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 purchaser, and the name of the person on whose account the sale is made, such memorandum *552shall be deemed a note of the contract of sale, within the…
2Cited by9 opinions
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- Jelks v. BarrettMississippi Supreme Court · 1876
- Graig v. GodfroyCalifornia Supreme Court · 1851
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