Moody v. Caulk
Supreme Court of Florida
Appeal from the Circuit Court, Fourth Judicial Circuit, Duval county. This was an action of trover brought in 1867, to recover damages for the conversion of a quantity of logs belonging to plaintiff, of the value of $1000, alleged to have been convertedby defendan t on the first of October, 1861. Defendant pleaded-not guilty. Afterwards plaintiff amended1 his declaration by adding a count for-money had and received, upon which issue was joined.
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Appeal from the Circuit Court, Fourth Judicial Circuit, Duval county. This was an action of trover brought in 1867, to recover damages for the conversion of a quantity of logs belonging to plaintiff, of the value of $1000, alleged to have been convertedby defendan t on the first of October, 1861. Defendant pleaded-not guilty. Afterwards plaintiff amended1 his declaration by adding a count for-money had and received, upon which issue was joined. It was shown that plaintiff-secured certain rafts in a lake in 1861, and they were taken away in 1861. Plaintiff’s counsel inquired of B. Thebaut, a…
1Opinion of the CourtRandall, C. J.
There is but a single question raised by the assignment of errors which it seems necessary to notice, and that is, whether the court erred in the rule given to the' jury for estimating the damages in case they found a verdict for plaintiff under the count for the conversion. . ,
*52In that respect the court committed an error.
In the case of Robinson vs. Hartridge (13 Fla., 501, 515.) it was held that in a case of this character, the rule of estimating damages is to take the value of the goods at the time and place of conversion, and compute lawful interest thereon to the date of the verdict.
Sedgwi…
2Cases cited2 opinions
- Robinson v. HartridgeSupreme Court of Florida · 1869
- Hatch v. ArnaultSupreme Court of Louisiana · 1848
3Cited by8 opinions
- Skinner v. PinneySupreme Court of Florida · 1882
- George W. Wright & Co. v. SkinnerSupreme Court of Florida · 1894
- Wilson Cypress Co. v. LoganSupreme Court of Florida · 1935
- Quitman Naval Stores Co. v. ConwaySupreme Court of Florida · 1912
- West Yellow Pine Co. v. StephensSupreme Court of Florida · 1920
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