Massachusetts Supreme Judicial Court, 1827

Kennedy v. Whitwell

Kennedy v. Whitwell
Massachusetts Supreme Judicial Court · Decided March 26, 1827
21 Mass. 466

Kennedy v. Whitwell

Opinion of the Court

Per Curiam.

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.1

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

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