Hirsch made a fraudulent purchase of goods from P, and he sent them to D for public sale as D was an auctioneer. D made advances of money to Hirsch for the goods. The matter went to trial, and various jury instructions were requested. The most important was that D wanted status as a BFP. The court gave its own instruction and that of P listed on page 166 Casner 3rd (#3 instruction by P) and also that of D (#1 listed on the same page). The verdict went to P and D appealed.

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