New York Court of Common Pleas March 15, 1868 (Sutton v. De Camp)

Brady, J.

The defendants were auctioneers, but received a commission to guarantee the sales made by them. Some of the sales were on a short credit and the amounts due have not been-collected. When a guarantee is given as in this case, the auctioneer becomes the surety, and his fiduciary character does not exist, if at all, until the receipt of the moneys which he has obligated himself to pay.