Tuller v. Carter

"Warner, Chief Justice.

The plaintiff brought his action against the defendant to, recover the possession of eleven large diamonds, of the alleged value of one hundred and fifty dollars each, which the plaintiff alleged the defendant had converted to his own use. At the trial, before submitting the case to the jury, the plaintiff elected to take an alternative verdict in damages, to be discharged on delivery of the property sued for, as provided by the 3564th section of the Code. The jury, under the charge of the court, found a verdict for the plaintiff for the sum of $610.00. The defendant…