Elements of the Law of Damages; a Handbook for the Use of Students And Practitioners
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Wells, 41 Pa. St. 291 ; ace. Livingstone v. Rawyards Coal Co., 5 App. Cas. 25. Cf. United Merthyr Collieries Co., L. R. 15 Eq. 46; Keyes v. Pittsburg & W. Coal Co., 58 Oh. St. 246; 41 L. R. A. 681. This TORTS AFFECTING RIGHTS OF PROPERTY AND CONTRACT. 187 In the case of property like notes and judgments, the value of which may fluctuate from time to time, all the evidence bear- ing on value is usually admissible, but it must bear on value at the time of conversion.
Illustrations.
(a) The proper...ty converted is a judgment illegally discharged for a small amount. At the time of the conversion the judgment debtors were insolvent but subsequently became solvent. Both facts are admissible; but for the conversion, the owner of the judg- ment might at the time of conversion have obtained a greater amount.' (6) The property converted is a promissory note; the conver- sion took place some months before imaturity. Evidence of the financial condition of the maker offered by defendant, having no tendency to show value at the time of conversion, is inadmissible.^ When market value is resorted to, it is not necessarily the market value at the place of conversion.
What to read after Elements of the Law of Damages; a Handbook for the Use of Students And Practitioners?
You can find similar books in the "Read Also" column, or choose other free books by Arthur George 1844 1915 Sedgwick to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Wells, 41 Pa. St. 291 ; ace. Livingstone v. Rawyards Coal Co., 5 App. Cas. 25. Cf. United Merthyr Collieries Co., L. R. 15 Eq. 46; Keyes v. Pittsburg & W. Coal Co., 58 Oh. St. 246; 41 L. R. A. 681. This TORTS AFFECTING RIGHTS OF PROPERTY AND CONTRACT. 187 In the case of property like notes and judgments, the value of which may fluctuate from time to time, all the evidence bear- ing on value is usually admissible, but it must bear on value at the time of conversion.
Illustrations.
(a) The proper...ty converted is a judgment illegally discharged for a small amount. At the time of the conversion the judgment debtors were insolvent but subsequently became solvent. Both facts are admissible; but for the conversion, the owner of the judg- ment might at the time of conversion have obtained a greater amount.' (6) The property converted is a promissory note; the conver- sion took place some months before imaturity. Evidence of the financial condition of the maker offered by defendant, having no tendency to show value at the time of conversion, is inadmissible.^ When market value is resorted to, it is not necessarily the market value at the place of conversion.
What to read after Elements of the Law of Damages; a Handbook for the Use of Students And Practitioners?
You can find similar books in the "Read Also" column, or choose other free books by Arthur George 1844 1915 Sedgwick to read onlineMoreLess
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