Huie

delivered the opinion of the Court, with which Anderson, Justice, concurred.

The question to be here decided is, whether an auctioneer, who, in the regular course of his business, receives and sells stolen goods, and pays over the proceeds of sale to the felon, without notice that the goods were stolen, is liable to the true owner as for a conversion.

*572 The only case precisely similar to this, is Hoffman et al. v. Caro^, 22 Wendell. That case was decided by the New York Court of Errors, composed then of the Chancellor and. Senate, and upon the question there was a dissenting opinion and a divided vote. The majority of the Court held, that the auctioneer was liable. The opinions are long, and there is much argument placed on the ground of convenience. To this it can be very briefly replied, that there is as much or more of that species of reasoning deduced on the other side, and which will occur readily to any one, who considers the subject. The Chancellor commences his opinion thus—“ The simple question presented for our decision in this case, is, whether the purchaser of stolen goods, who afterwards sells them as his own to a boná fide purchaser, is liable to the owner of…