Kennedy v. Whitwell
Massachusetts Supreme Judicial Court
Kennedy v. Whitwell, 21 Mass. 466 (Mass. 1827)
Kennedy v. Whitwell
Opinion of the Court
We see no reason for departing from the rule which we think has been invariably practised upon in this State, that in actions of trover, the value of the article sued for at the time of the conversion is to fix the damages.
Judgment according to verdict.
See Baker v. Wheeler, 8 Wendell, 508; Whitehouse v. Atkinson, 3 Carr & Payne, 344. The rule of damages is a question of law. The jury asaer i»in the quantum according to that rule. Baker v. Wheeler, ubi supra
Reference
- Full Case Name
- Thomas Kennedy versus Samuel Whitwell
- Status
- Published