71 N.Y.S. 193 | N.Y. Sup. Ct. | 1901
Property at an auction sale must be sold to the highest bidder (Code C. P., § 1678), which means the highest responsible bidder, one ready as well as able to carry out the terms of sale and to pay down the ten per cent, deposit required. “ The whole theory of an auction sale proceeds upon the ground that the highest responsible, bona 'fide bidder is entitled to the goods. Otherwise an auction is a farce. * * * Doubtless the auctioneer must have the right, for his own protection, to reject the bids of an irresponsible party.” Benj. Sales (6th Am. ed.) by Bennett, 454; 1 Am. & Eng. Ency. of Law (1st ed.), 989; Den v. Zellers, 7 N. J. Law, 153; Gray v. Veirs, 33 Md. 18; Holder v. Jackson, 11 Up. Can. P. 543; Green v. Meyer, 44 N. Y. Supp. 81; Leslie v. Saratoga B. Co., 31 Misc. Rep. 129; Kinney v. Showdy, 1 Hill, 544. Even a municipality may reject a higher bid of men of doubtful and unknown financial credit made for a franchise and accept a lower one of a competing corporation of known financial strength. Barhite v. Home Tel. Co., 50 App. Div. 25; Matter of Marsh, 93 N. Y. 431. The term highest bidder necessarily carries with it the idea of financial ability of an amount sufficient to successfully carry out the undertaking in which the party has. offered to engage. At the-present auction sale the property was started at $167,000, and was then raised by a bid of James R. Smith to $168,000. Thereafter a lady in black made a statement as follows: “ One hundred -and eighty-two hundred.” From other things the lady in black said, her evident purpose was to break up rather than assist the sale. The moving papers also allege that a Mr. Dunn made a bid of $169,000, which was not recognized. No one seems to know anything about the mysterious Dunn, his domicile, business or responsibility, and Dunn himself has not come forward to tell who he is, or what he amounts to
Motion denied, with $10 costs.