A Treatise on the Law of Damages; Embracing an Elementary Exposition of the Law, and Also Its Application to Particular Subjects of Contract and Tort Volume 4

A Treatise on the Law of Damages; Embracing an Elementary Exposition of the Law, and Also Its Application to Particular Subjects of Contract and Tort Volume 4

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... it and in accord with the later adjudications. In one case there had been a wrongful sale of stock by a pledgee.' Part of it was demanded afterwards, and the damage for its conversion was held to be its value at the date of the demand with interest. Another part was not demanded, and for its conversion its value within a reasonable time after the wrongful sale was allowed, the pledges being permitted to deduct its cost, which he had paid for the plaintiff. In another case 1 a factor at Buffalo had wheat on consignment from his principal, who directed him to sell it at a specified price on a given day, or, if not sold that day, to ship to New York. The factor sold it the day after that specified. If the directions of the principal had been followed the wheat would have reached New York between the 27th and the 31st of July, at an expense for transportation of fifteen cents per bushel. The New York market fluctuated between July 25th and November 29th from $1.25 to $1.65 per bushel. The unauthorized sale was treated as a conversion and the measure of damages was held to be(the difference between the price for which the wheat was sold, the proceeds of the unauthorized sale having been paid over, and w)1gt_it gas ggcgth duping a_ reasonable time afterwards, which was held to embrace the residue of the season to November 29th, when navigation closed.) Had it appeared at what time the plaintifi intended to sell, after the arrival of the wheat in New York, the damages would have been computed with reference to its value at that time. In another case," where a pledgee converted the pledge, which consisted of warehouse receipts for corn, the court, by Church, C. J., referring to the rule of the highest intermediate value, observed: ...show more

Product details

  • Paperback | 428 pages
  • 189 x 246 x 22mm | 757g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236904125
  • 9781236904126