Swift & Co. v. Herkness

Citations

• 21 Pa. Super. 523
• 1902 Pa. Super. LEXIS 401

Syllabus

<p>Affidavit of defense — Auctioneer—Sale of horse — Estoppel.</p> <p>In an action against an auctioneer to recover the value of a horse alleged to have been wrongly sold, an affidavit of defense is sufficient which avers that the horse had been sold as the property of L., whom defendants believed to be the owner of the horse, and to whom the proceeds of the sale had been paid; that prior to the sale the plaintiff denied under oath in an affidavit of defense in a pending judicial proceeding that plaintiff was the owner of the horse, and that this denial was confirmed by plaintiff’s agent and superintendent, who assured L. that the plaintiff did not own the horse, and that he might sell it and retain the proceeds; that the same superintendent and agent was duly notified of the proposed sale, and again disclaimed that the plaintiff had any interest in the horse.</p>