Mallory S. S. Co. v. Mitchell

(after stating the facts as above). As the result of the error of Tozzi, its agent at Constanza, defendant was liable in conversion for damages. The assignments of error raise four principal points: (1) The rule as to ascertaining the value of the goods; (2) judicial notice; (3) the exclusion by the court below of a certain contract between Mogenson and Brill; and (4) lack of evidence to establish the contents of the cases of goods when delivered to defendant.

First. The place of conversion and the place of destination of the goods having been the same, and no subsidiary question having arisen…