The owner of a cow gave a bill of sale over it (and others) but then asked the defendant auctioneer to sell it. He did not inform the auctioneer of the bill of sale.
Held: An auctioneer who unknowingly but in the ordinary course of business sells the goods of one person having been told they are the goods of another, and pays the proceeds of sale to that other, is not guilty of conversion of the goods. The original purchaser was not able to pursue an action against the auctioneer.
Citations:
(1887) 56 LJQB 301
Jurisdiction:
England and Wales
Cited by:
Cited – Marcq v Christe Manson and Woods (t/a Christies) QBD 29-Oct-2002
The claimant sought damages for conversion from the respondent auctioneers as bailees. The painting had been registered as stolen. It failed to achieve its reserve and had been returned.
Held: It was for a bailee to prove that he had acted in . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 05 May 2022; Ref: scu.181337