Davenport v. Ledger

Citations

• 80 Ill. 574

Syllabus

<p>1. Chattel mortgage—mortgagee talcing property maliciously, liable. Where a chattel mortgage is given on household furniture and goods, to secure a debt, giving the mortgagee the right to take possession at any time he should feel himself insecure or unsafe, or fear waste, diminution or removal, and be takes possession on the same day, and at an unusual hour, without previous notice, from malicious motives or without a reasonable belief that his debt is unsafe or insecure, he will be liable to the mortgagor in trespass, and if the taking is malicious, the jury may give exemplary damages.</p> <p>2. Measure of damages—taMng property under chattel mortgage before debt is due. Where the mortgagee wrongfully takes possession of mortgaged chattels before his debt is due, and the mortgagor procures a prior mortgagee to replevy the same from him, and they are sold under the prior mortgage in payment of a debt of the mortgagor, the proper measure of the mortgagor’s damages, in trespass for the wrongful taking, will be the difference between the market value of the property at the time if was first taken, and its market value when retaken on the replevin suit, together with such other actual loss to business, or otherwise, as may be proved as the direct result of the first taking. The defendant will not be liable for any injury to the property after the retaking, nor for any loss consequent upon the necessary result of a sale at auction by the second mortgagee.</p> <p>3. Evidence—to disprove malice inferred. Where a chattel mortgage on household goods was given at ten o’clock in the morning, and the mortgagee’s agent seized and removed the property at six o’clock in the evening of the same day, under a clause giving him the right to take possession when he should feel himself insecure or unsafe, and he is sued in trespass, it was held, that he had the right to prove by the agent his directions as to taking possession, to disprove the inference of malice arising from the fa