Green v. Van Cott

Defendant was the mortgagee in a chattel mortgage. He seized the cows covered by it upon the ground that he deemed his security unsafe. Plaintiff, the mortgagor, has recovered a judgment for conversion. Proof as to the market value of the cows was given by each of the parties. Special damages were neither alleged in the complaint nor proven upon the trial. The trial court charged an incorrect rule of damages when he said: “The market value is some criterion in arriving at the value of the cows to her, but it is not the sole criterion. And you have a right to say, as fair and reasonable men,…