Kimball v. Betts

Citations

• 99 Wash. 348
• 169 P. 849

Syllabus

<p>Trover and Conversion—Household Goods—Measure of Damages. The measure of damages for the conversion of household goods kept for use and not for sale is their value to the owner, hased on the actual money loss under the circumstances; since such goods have no market value.</p> <p>Same—Household Goods—Pleading—Value. In an action for conversion of household goods kept for Use and not for sale, it is not necessary to allege that they have no market value in order to introduce proof of their actual value.</p> <p>Same—Household Goods—Damages—Evidence. In an action for the conversion of household goods kept for use and not for sale, the amount of the damages may be shown by evidence of their original cost when purchased new, in connection with evidence of the extent of the use and their condition.</p> <p>Same—Defenses. In an action for the conversion of household goods, evidence of the good or bad faith of the defendants in claiming the goods under void attachment proceedings is irrelevant and immaterial. •</p> <p>Appeal—Review—Excessive Damages. A verdict of damages for conversion upon conflicting evidence will not be held excessive, where there was nothing to indicate passion or prejudice.</p>