A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice, Volume 2

Theodore Sedgwick, Arthur George Sedgwick

Baker, Voorhis & Company, 1891 - Damages

Preview this book »

Selected pages

Title Page

Table of Contents

Page	xv

CHAPTER XIII	1

Joint wrongdoers	5

INJURY TO PERSONAL PROPERTY 432 General rule	7

Value how estimated	8

Value when estimated 435 Injury less than destruction	9

False representations	18

Other frauds	21

Breach of Promise of Marriage	292

Exceptional nature of the action 640 After suit broughtJustifica 638 General rule	293

Aggravation	295

Mitigation	299

CHAPTER XXI	335

Official bonds	371

CONTENTS OF VOL II	381

CHAPTER XXIV	393

General rule 436 Consequential damages 437 Expense of avoiding conse quences 438 Recoverable even when it en hances loss III FRAUD 441 Con...	22

IV SLANDER AND LIBEL	24

Consequential damages	25

Aggravation	27

Repetition	29

Plea of justification	30

MitigationDisproof of actual malice	32

Provocation 450 Disproof of damage	34

Bad character of the plaintiff	36

Mitigation	47

Malicious attachment	49

TORTS INVOLVING Loss OF SERVICE 468 Injury to child or servant 474 Exemplary damages	50

Enticement of servant 470 Consequential damages	51

Seduction	53

Damages governed by legal rules	54

General rule 481 General rule 482 Loss of time 483 Medical expenses	55

Aggravation 476 Mitigation	56

Action by the party seduced	57

Criminal conversation	58

Aggravation 480 Mitigation	59

PERSONAL INJURY	60

Mental and physical suffering	64

Loss of capacity to labor	65

Action by married woman or minor	67

MitigationProvocation	68

Truth	69

Bad character of the plaintiff 489 Criminal conviction	70

Circumstances of the parties 491 Avoidable consequences	71

CHAPTER XIV	72

Forms of action	73

General rule in cases of conver sion 494 Conversion by temporary wrong ful	74

Value how determined	75

Value where to be estimated	76

Value when to be estimated	77

Natural increase 499 Property increased in value by the defendant	78

Severance from the freehold	82

The rule in England	83

Technical rule followed in some jurisdictions	86

Defendant generally allowed value of his labor	88

Sale by wanton trespasser	93

Confusion	95

Consequential damages	97

New Hampshire	125

Contract to hold for a rise in	133

Value of	148

Failure to arrest 552 Escape 553 Value of custodyThe rule in England	153

General rule	155

American rule	171

Insufficient bail or surety	178

Failure to return	179

False return	181

Miscellaneous breaches of duty	182

Magistrate	183

County clerk	184

Treasurer 562 Town officers	185

Collector of customs	186

Trespass by officer	189

Wrongful attachment	191

Suits between different officers	193

Receiptors	195

Property sold illegally 569 Exclusion from office	196

CHAPTER XVIII	197

General principles	201

Present loss	203

Prospective pecuniary loss	207

Services of a child	209

Services after majority	211

Care and services of a parent	213

Next of	215

Evidence stances	216

Probable duration of life	217

Excessive verdicts	218

Reduction of damages	219

Exemplary damages	220

Contributory negligence	221

CHAPTER XIX	222

Damage to cargo	231

Costs and interest 598 Stipulations 599 Other torts in admiraltyDi	235

CHAPTER XX	239

Entire and divisible contracts 646 Goodrich v Hubbard	240

Unconscionable agreements	259

General rule includes profits	260

Masterton v The Mayor	263

Contracts to expend labor on property 616 Kidd v McCormick	265

Distinction between damages and means of proving them	267

Damages upon prevention of performance or rescission by defendant	269

Entire contract price recoverable in some cases	272

Tender of performance	273

Waiver of full performance B Rule of Damages in Particular Cases 622 Agreements to loan money 623 To assign or keep valid an in surance policy	274

To work a farm on shares 625 For construction of buildings	275

For forbearance 627 Actions against stockholders	279

By assignees of bankrupts	280

Agreements for arbitration and award	281

To construct stations etc 631 To build fences walls	282

Not to engage in business	283

For exclusive agency	284

Assignments of judgment	285

Alternative contracts	286

Miscellaneous contracts	289

LIFE INSURANCE	417

COUNTERMAND BEFORE TIME FOR PERFORMANCE	422

Reason for it generally given	426

Nearest market	432

BREACH BY VENDEE	449

Retraction	453

Rule in Louisiana	454

Slander of title	455

Effect of notice of countermand	461

WARRANTY	465

Warranties	466

Between value as warranted and actual value	468

The latter the general rule	472

Warranty of quantity or value	475

Avoidable consequences	476

Consequential damages	477

Upon warranty of fitness for a purpose	479

Upon warranty of machines	481

Of seeds	483

By communication of disease	484

Upon a subcontract	485

Purchase for sale at a distance	487

Expenses	488

Litigation expenses	489

Warranty of title	491

Warranty of indorsements	493

That a certain sum is	494

Fraud in sale of chattels	495

Smith v Bolles	497

English rule	499

Results of the doctrine of Smith v Bolles	500

General conclusions	501

Justinians laws V FOREIGN	502

Civil law authorities	505

CHAPTER XXVI	510

Early cases erroneous	523

Later cases follow the true rule	525

Actual loss always recoverable 795 Contracts to save from liability	526

Payment	530

Payment by note Page 510	533

Note must be accepted as pay ment	539

Payment by bond or nonnego tiable note	540

Payment in land or goods	541

Compensation for actual loss only	543

Judgment against surety often conclusive on principal	545

Litigation expenses	547

Notice of suit	553

Consequential loss	557

Cosureties	559

Costs between cosureties	561

CHAPTER XXVII	562

Agents to insure	573

Liable only if insurer would have been	576

Agents to collect mercantile in struments	577

Agent makes the debt his	579

Agents to sellUnauthorized sale	580

cipal Sale on wrong terms	586

Neglect to sell 825 Agents to purchaseNeglect to purchase	588

Purchase of wrong goods 827 Purchase at excessive price	590

Agents to deal in stock 829 Agents to care for real estate	592

Agents to invest money in mort gage of land	593

Attorneys	594

Auctioneers 833 Liability agents	595

AGENT AGAINST PRINCIPAL	596

Indemnity for loss or expense of subagents	597

835 Liability for acting without 837 Expense of litigation authority	598

Loss of bargain	601

Incidental expenses	603

Unauthorized suits	604

CHAPTER XXVIII	605

Refusal to transport	607

Consequential damages	611

Value where to be estimated	615

Connecting lines	617

Value when to be estimated	618

Delay in transportation by	627

Consequential damages	629

Delay in unlading a vessel	633

Agreement to furnish freight	635

CARRIERS OF PASSENGERS	637

Failure to carry a passenger	643

Delay in transporting a pas senger	644

Failure to carry to destination	645

Indignity of expulsion	647

Compensation for the risk of in jury	648

Consequences of exposure	649

American rule	650

Pullman Palace Car Co v	651

General conclusions	653

Avoidable consequences	655

Baggage	656

CHAPTER XXIX	657

Loss of a debt	681

Speculative loss 889 Uncertain profits not recover able	682

Messages not understood Cipher messages	687

Authorities extending liability	691

Direct loss 892 What is the direct loss	692

Price of the messageNominal damages	694

Other editions - View all

A Treatise on the Measure of Damages: Or, An Inquiry Into the ..., Volume 2
Theodore Sedgwick,Arthur George Sedgwick
Full view - 1891

A Treatise on the Measure of Damages
Theodore Sedwick
Limited preview - 2023

View all »

Common terms and phrases

action actual aggravation agreed agreement allowed to recover amount assumpsit Bank Barb benefit bill bond breach of contract brought charge chattels Chicago coal common law compensation considered contract price conversion cost covenant debt debtor defendant defendant's delivered detention detinue difference entitled to recover estimate evidence execution expenses fact fendant furnish give given held injury interest judgment jury labor liable loss malicious market value Mass measure of damages ment Minn mitigation of damages mortgage Nisi Prius nominal damages owner paid party pecuniary penalty performance plaintiff principle profits proved quantum meruit question R.R. Co reasonable recovery refused replevin rule of damages sheriff Smith sold statute suit Supreme Court sustained tiff tion tort tract trespass trial trover vendee verdict vessel Wend whole wrongful wrongfully York

Bibliographic information

Title	A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice, Volume 2 Volume 2 of A Treatise on the Measure of Damages, Sedgwick A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles which Govern the Amount of Pecuniary Compensation Awarded by Courts of Justice, Joseph Henry Beale
Authors	Theodore Sedgwick, Arthur George Sedgwick
Editors	Arthur George Sedgwick, Joseph Henry Beale
Edition	8
Publisher	Baker, Voorhis & Company, 1891
Original from	the University of Michigan
Digitized	27 Jun 2012

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home