Baker v. Spruance

Citations

• 28 Del. 140
• 5 Boyce 140
• 91 A. 203
• 1914 Del. LEXIS 19

Syllabus

<p>1. Trover and Conversion—Nature of Action—“Trover”.</p> <p>“Traver,” in substance, is a remedy to recover personal chattels wrongfully converted by another to his own use.</p> <p>2. Trover and Conversion—Elements of Action.</p> <p>In order to entitle plaintiff to recover in trover, he must prove property in himself and a right of possession at the time of conversion and conversion of the property by defendant to his own use.</p> <p>3. Trover and Conversion—Damages.</p> <p>The measure of damages in an action for traver and conversion is the value of the property at the time of the taking and conversion.</p> <p>4. Trial—Conflicting Evidence—Duty to Reconcile.</p> <p>Where evidence is conflicting, it is the jury’s duty to reconcile it if possible; otherwise to give credit to that which in the jury’s opinion is entitled to the most credit, considering the bias, prejudice, or interest that the witnesses may have in the outcome of the case.</p>