Moore v. Winter
Supreme Court of Missouri
Appeal from Montgomery Circuit Cowrt. This was an action to recover damages for the alleged wrongful taking of a slave out of the possession of the plaintiff. One Christopher Carter hired a slave to one R. S. Brown for one year from the 1st of January, 1857. Carter gave his note for the hire — one hundred and seventy-five dollars — with Sterling Winter as his security.
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Appeal from Montgomery Circuit Cowrt. This was an action to recover damages for the alleged wrongful taking of a slave out of the possession of the plaintiff. One Christopher Carter hired a slave to one R. S. Brown for one year from the 1st of January, 1857. Carter gave his note for the hire — one hundred and seventy-five dollars — with Sterling Winter as his security. Brown took possession of said slave and continued to hold possession of him until March 28, 185T, on which day he hired him to the plaintiff Moore for the remainder of the year. The defendants Winter and King on the same day…
1Opinion of the CourtRichardson, Judge
No circumstances of aggravation are shown in this case, and the action is therefore to be regarded as one of trover in reference to the measure of damages; (Walker v. Borland, 21 Mo. 289; Sedgwick on Dam. 558;) and in such cases the plaintiff is generally only entitled to recover the value of the property with interest. (Polk v. Allen, 19 Mo. 457.) If, however, the plaintiff has only a special property in the subject of the action, the value of the goods is not always the measure of relief, and he can generally only recover com-*382mensúrate with the value of his interest, whatever it may be.…
2Cases cited2 opinions
- Walker v. BorlandSupreme Court of Missouri · 1855
- Hickok v. BuckSupreme Court of Vermont · 1850
3Cited by3 opinions
- Hall v. Mullanphy Planing Mill Co.Missouri Court of Appeals · 1885
- Bibler v. IuchsMissouri Court of Appeals · 1925
- State ex rel. Burton v. McKeonMissouri Court of Appeals · 1887