Moore v. Richardson
Supreme Court of New Jersey
On error to the Supreme Court. Action on common counts, to which was annexed, as a bill of-particulars, “the cost price agreed upon between the parties as follows for the following-named horses” (a list of horses and prices). Plea, the general issue.
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On error to the Supreme Court. Action on common counts, to which was annexed, as a bill of-particulars, “the cost price agreed upon between the parties as follows for the following-named horses” (a list of horses and prices). Plea, the general issue. The declaration stated that the defendants had been brought into court by attachment, and early in the trial it transpired that the relation of the parties had been as follows: In the 3rear 1899 a written agreement was made between the parties, in these words: “Bridgeton, N. J. “This agreement made the above date between I. Whilden Moore, party…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
Where an action for trover and conversion will lie, the plaintiff may waive such action and sue in assumpsit for the value of the property converted. The measure of damages in such case is the value of the property at the time of its conversion. In the present ease, therefore, laying aside the amount due for horses sold under the express contract between the parties, the measure of the plaintiff's damages was the value of his unsold horses at the time his action of trover accrued. Upon this question ’the parties were not bound by the prices…
2Cases cited2 opinions
- Terry v. . MungerNew York Court of Appeals · 1890
- Devlan v. WellsSupreme Court of New Jersey · 1900
3Cited by6 opinions
- Wolfe v. Shell Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1936
- Frankfort Land Co. v. HughettTennessee Supreme Court · 1916
- Hirsch v. C. W. Leatherbee Lumber Co.Supreme Court of New Jersey · 1903
- Michigan Central Railroad v. StateIndiana Court of Appeals · 1927
- Courter v. PiersonSupreme Court of New Jersey · 1905
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