The New York herald., 1869-04-30
The swift Bounty Case.
Before Commissioner Belts.
FIRST DISTRICT CIVIL COURT.
Measure, Of Dnmng ges in Kepicyiu Suit.
Refnrc Iudpe Quinn.

Measures Of Damages in a Replcyiu suit.
Before Judge Quinn.
HENRI r.. Dibbie rs. John Fieber.-Judge Quinn
has delivered the FLOWING opinion in this case.
which involves an Interesting question TO the
measure OF damages In a repevin suit
This Is an action to recover possession OF certain
boxes and trunks, containing bedding and house
hold furniture. wronRiuy detained by defendant.
The property was proved To be worth 800, and the
testimony OF plaintiff IL not conradcted on that
point The defendant claims the right TO hold the
property under lien for storage. Acc ordng 10 his
own testimony he n not warehouse man, aud
there was no agreement on tue part OF the PLAIN
TN to pay storage. The facts proved show that
the plaintiff hired the parlor noor OF defend
ants house, No. 20 North Moore street. and agreed
To pay rent nj the rate Of thirty dollars per MONTH
and the pla,ntitr ana his witnesses all agree
that In consideration OF paying that sum he was
10 have the privilege Of storing the boxes and
trunks In question In the coal cellar. The de-
fendaut aud ms wife on the other hand testify that
there nothing at all SAID "a tostorng the boxes
The plaintiff and his iamy took possession in Octo-
ber 1885 and remained until the 27th Of February.
when they wished 10 move. and demanded permits
sion TO remove their boxes ana trunks. The defend
ami locked the cellar where the boxes were and
made an excuse that his wife was out and had the
KEY When she returned the plaintiff made another
demand OF the goods. aud she answered that her
husband out and had the KEY think this was
a sufficient demand IN law; and In thus refusing TO
allow the plaintiff 10 take the goods the defendant
was constructivey guilty OF conversion. unless he
held the goods under valid lien some other title
recognized by law. II Is clear, think, that the tcs-
timony OF defendant and hs wife. even giving u is
full eject and force is entirely insufficient 10 estab-
sh lien for storage. and defendant does not clam
10 hold the goods by Other title. Therefore they
cannot justify the detention on that plea
The next point 70 he decided ~ what damages the
plaintiff is entitled to for the unreasonable dcten
J tion OF the goods The defendants counsel CON
tends (cting IA johnson. p. 3S5l that he cannot re-
cover ior loss OF time oCcasioned by his efforts 10
recover the goods. The plaintiffs testimony ON that
point Ia that he is practising physician aud drug
gist in this city, that he lost iOur days IN MS efOrts
10 get possession OF his goods. and that finally ne
had to and get them bv process OF law and that
his services reasonably worth fifteen dollars per
az this. is:-The paintin recover Of defendant
whatever damages he has suffered and that now
directly or pr0Ximately from the wrongful acts oil
The defendant. In the case OF Bennett W. Lock
wood go Wendell. u. 225l Chel Justice Nelson. de-
liyering the opinion OF the supreme Court says
1T Is insisted for the paiBiin ~ etror
that the Common Pleas erred IN allowing
the plaintiff to recover for the time spent and
the expenses incurred. on the ground that Tie dain
ayes claimed were not the natural or necessary con
sequence OF the wrongful taxing Admitting the
conhsei or the plann to be right In this PROPOSE
uOn " " no obJcction 10 the recovery N the dafn
ayes Were proxlmste and not too remote, and were
sialne1 IN TIE declaration q Chitty Re- y. 333;
Sanu pl Ev., 1907 Here The damages were duly
claimed they were incurred in the use OF reason
bpe measures on the part Of plaintiffs TO repos
se5s themselves Of their property. and were oc
casloheu by the wrongful act OF the defendant
AppNlnH the rule thus clearly laid down TO thu
iacs IN the case ~ bar the plaintiff IA entitled TO re
lover lne possession OF the property described "
sum OF SlV0 the value thereof and he II also en-
titled 10 damages for unreasonable and wrongful
detention Ol SAID property to the sum OF $40, witt
the usual allows aud costs.