D. Appleton & Co. v. Zeese-Wilkinson Co.

While ordinarily the measure of damages for the loss or conversion of personal property is the value of the property at the time of the loss or conversion (McIntyre v. Whitney, 139 App. Div. 557; affd., 201 N. Y. 526) this rule is not required to be applied as to articles such as those involved herein (plates for illustrating a book published by plaintiff) which are not salable as such. In such cases the actual value of the property to the person injured may be recovered. Proof of replacement cost less depreciation is evidence of such value. (Barrington v. Offenbach, 163 N. Y. Supp. 423;…