Wilson v. Loring
Massachusetts Supreme Judicial Court
Trespass for taking and carrying away a horse, the property of the plaintiff. This action came before the Court upon a case stated, containing similar facts with those in the action of Purrington * vs. Loring, immediately preceding. In addi- [ * 393 ] tian to those facts, it was also agreed, in the present case, that the defendant sold the horse at auction, but the purchaser, discovering some blemish which he supposed would injure the horse, requested to be released.
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Trespass for taking and carrying away a horse, the property of the plaintiff. This action came before the Court upon a case stated, containing similar facts with those in the action of Purrington * vs. Loring, immediately preceding. In addi- [ * 393 ] tian to those facts, it was also agreed, in the present case, that the defendant sold the horse at auction, but the purchaser, discovering some blemish which he supposed would injure the horse, requested to be released. To this the defendant, after some resistance, at length consented ; and again putting up the horse for sale, he was bid off to…
1Opinion of the Court
By the Court.
Although the decision of the action of Purrmgton against this same defendant also determines this, and it is therefore unnecessary to give an opinion as to the effect of the additional facts in this case, yet it may not be useless to observe, that where a highest bidder at a sheriff’s sale refuses to take and pay for the article he has bid off, the officer has authority to set up the article again at auction, and to sell it to the highest bidder upon such second attempt. If it were not so, officers would be subjected to the most mischievous consequences.
Defendant defaulted.
2Cited by6 opinions
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- Stewart v. ShoenfeltSupreme Court of Pennsylvania · 1825
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- Sheldon v. PaineNew York Court of Appeals · 1852
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