Taft v. Smith, Gray & Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from' a judgment of the City Court of the city of .¡New York, entered on a verdict rendered in favor of the' plaintiff, and from an order denying a motion for a new trial.
1Opinion of the CourtSeabuby, J.
I concur in the view expressed in the opinion of Mr. Justice Hotchkiss that the proof of demand was sufficient. I do not concur in the view that the evidence of damage is insufficient to sustain the award which the jury made to the plaintiff. The manuscript “ See You ” book, which was the subject of the conversion, had no market or other definite probable value. It was, however, of value to the plaintiff. The fact that the value is speculative or difficult of ascertainment does not preclude a substantial recovery. The law is always adequate to meet difficult situations and in such cases…
2Cases cited9 opinions
- Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
- Palmer v. . De WittNew York Court of Appeals · 1872
- Spicer v. WatersNew York Supreme Court · 1866
- People ex rel. Springs v. ReidAppellate Division of the Supreme Court of the State of New York · 1910
- Heald v. MacGowanNew York Court of Common Pleas · 1889
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3Cited by2 opinions
- Mayer v. Josiah Wedgwood & Sons, Ltd.District Court, S.D. New York · 1985
- Nucor Corporation v. Tennessee Forging Steel Service, Inc.Court of Appeals for the Eighth Circuit · 1975