Turner v. Retter

This was an action of trover, brought by Better against Turner, for the alleged wrongful conversion of a promissory note, executed to the former by one B. H. Whiting, for $275, dated September 9, 1859, payable twelve months after date, which Turner had received from Better, to be collected and accounted for to him, or returned. Turner had compromised with Whiting, receiving from him $150 for the note, and had given up the note to him.

Verdict and judgment for the plaintiff for $275.

The court below, in the fourth instruction given for the plaintiff, laid down the following as the measure of…