Board of Administrators of the Charity Hospital v. Girardey

The opinion of the Court was delivered by

Fenner, J.

The sole question presented in this case is whether defendant, a public auctioneer, is liable for the duty imposed by sections *606145 and 161 of the Revised Statutes, in so far as the same is demanded on succession, insolvent and judicial sales made by him.

We considered this question very thoughtfully in the case of State vs. Girardey, 34 A. 620, wherein we said: “The law makes no distinction whatever in favor of such sales. The language is, ‘all property, rights or credits, which shall be sold at public auction, or at private-sale, by any…