Weaver v. Commercial Savings Bank

(after stating the facts). But two questions require consideration. The trial judge instructed the jury:

“If you find for the plaintiff you will proceed to estimate his damages. The measure of the plaintiff’s *340damages will be the highest market value of the stock at any time during which it was wrongfully withheld from him.”

This instruction is not in accordance with the rule adopted by this court in Vos v. Child, Hulswit & Co., 171 Mich. 595 (43 L. R. A. [N. S.] 368), and followed in Wallace v. H. W. Noble & Co., 203 Mich. 58. The rule there announced and which is applicable here is that the…