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auctioneer

Defined in 8 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891), Burrill (1850), Bouvier (1839)

Definitions from Case Law

From 22 U.S. 616 - The Monte Allegre · 1824Most cited · 44 citing opinions

Auctioneers are special agents, and have only authority to sell, and not to warrant, unless specially instructed so to do.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

A person authorized by law to sell the goods of others at public sale; one who conducts a public sale or auction.

Ballentine's Law Dictionary

James A. Ballentine · 1916

One who conducts an auction. See 30 Am. Rep. 234.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

A person authorized or liconsed by law to sell lands or goods of other persons at public auction; one who sells at auction. Crandall v. State, 28 Ohio St. 481; Williams v. Millington, 1 H. BL 83; Russell v. Miner, 5 Lane, (N. Y.) 539. Auctioneers differ from brokers, in that the latter may bath buy and sell, whereas auctioneers can only sell; also brokers may sell by private contract only, and auctioneers by public auction only. Auctioneers can only sell goods for ready money, but factors may sell upon credit Wilkes v. Ellis, 2 H. Bl. 557 ; Steward v. Winters, 4 Sandf. Oh. (N. Y.) 590.

A Law Dictionary and Glossary

George C. Kinney · 1893

A person who conducts an auction or public sale.

A Dictionary of Law

Henry Campbell Black · 1891

<A person authorized or licensed by luw to sell lunds or goods of other persons at public auction; one who sells at auction. Awuelioncers differ from brokers, infthat the latter may both buy and sell, whereas auctionéers can only sell; also brokers may seil by private contract only, and auctioneers by public auction only, Auctioneers can only sell goods for ready money, but factors may sell upon credit.

In the civil law. A grantor or vendor of any kind.

In old French law. A plaintiif. Kelham.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

[from L. Lat. auctionarius, (q. v.); Lat. propola,'] One who conducts an auction or public sale.* Spelman, voc. Auctionarii, A person who is authorised to sell goods or merchandise at public auction or sale, for a recompense, or (as it is commonly called,) a commission. Story on Agency, § 27. An auctioneer differs from a broker in being authorized only to sell, and that at public auction. Id. ibid. 2 jy. Bl. 555. Formerly, however, auctioneers had power to buy as well as sell, and were indeed called brokers. Auctionarii, quos Angli Brokers dicimus; auctioneer8» whom we English call brokert, Speli man, toc. Awtionarii, 2 U. Bl. v Jb, amp. See Auctionarius.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

contracts, commerce, is a person authorised by law to keep an auction, and sell the goods of others at public sale. He is the agcnt of both parties, the seller and the buyer, 2 Taunt. 38, 209; 4 Greenl. R. 1; Chit. Contr. 208. His rights are, 1st, to charge a commission for his services; 2ndly, he has an interest in the goods sold coupled with the possession; 3dly, he has a lien for his commissions; Athly, he may sue the buyer for the purchase money. He is liable, Ist, to the owner for a faithful discharge of his duties in the sale, and if he gives credit without authority, for the value of the goods; 2dly, he is responsible for the duties due to the government; 3dly, he is answerable to the purchaser when he does not disclose the name of his principal; 4thly, he may be sued when he sells the goods of a third person, after notice not to sell them, Peake’s Rep. 120; 2 Kent, Com. 423, 4.