Odger's English Common Law

CONVERSION. 469
Again, an auctioneer who in the ordinary course of his business sold
goods which had been stolen was held guilty of a conversion, although he
had no notice of the apparent owner's want of title, because he had
" assumed to dispose of them." 1 But " a sheriff, high bailiff or other officer
charged with the enforcement of a writ, warrant or other process of exe-
cution " would not be liable, unless he had notice or might have ascertained
that the goods sold were not the property of the execution debtor. 2
So, if a banker collects a bill or cheque for one who has no title to the
proceeds, he will be guilty of a conversion, unless the circumstances are
such that the Bills of Exchange Acts, 1882 and 1906, 8 afford him
protection. 4
1 Consolidated Co. v. Curtis, [1892] 1 Q. B. 495.
2 Bankruptcy and Deeds of Arrangement Act, 1913 (3 & 4 Geo. V. u. 34), a. 15.
45 & 46 Vict. c. 61 ; 6 Edw. VII. c. 17.
4 Kleinwort, Sons % Co. v. Comptoir National, [1894] 1 Q. B. 157 ; Macbeth v.
North and South Wales Bank, [1908] A. C. 137.