Warner v. Ostrander

Citations

• 44 Ill. 356

Syllabus

<p>1. Measure of damages—in trespass against an officer for levying upon and selling the property of plaintiff under execution against another. While it is trae, as a general rale, that the value of property wrongfully sold on execution is the measure of damages sustained by the owner, still, that is not true -except in cases where the purchaser has obtained the property.</p> <p>2. A rule of more general application is, that in cases not requiring punitive damages, the loss actually sustained is the true measure.</p> <p>3. So, where the property of the plaintiff was levied upon and sold under an ^execution against another person, but remained in the possession of the owner, who sold it and received the benefit of the proceeds beyond the amount for which it had been sold on the execution, there being no circumstances connected with the levy and sale calling for punitive damages, the proper measure of damages in an action of trespass by the owner against the officer would be the actual damage sustained,—that is, the amount for which the property was sold on the execution.</p>