24 Me. 126 | Me. | 1844
The opinion of the Court ivas by
The only question presented in this bill of exceptions has reference to the amount of damages, which the plaintiff is entitled to recover in an action of trespass, for taking and carrying away his horse. It appears, that the defendant, Ilow'e, as a constable for the town of Nobleborough, took' the horse on an execution in favor of the other defendant against the plaintiff, and went with the horse into the
When one receives his property again, which has been unlawfully taken from him, lie is considered as having received it in mitigation of damages. This is upon the principle, that he has thereby received a partial compensation for the injury suffered. It would be unjust to permit him to recover for the whole injury suffered, without” deducting the benefits received by a return of the property. But upon no principle can he be required to deduct from the injury suffered beyond the amount of the • benefit received. Hence it is, that when he has honestly and in good faith paid a sum of money to regain his property, the benefit received by its return is but the value of the property, deducting the amount so paid to regain it. And if he might have obtained possession again by a suit at law without such payment, the wrongdoer cannot, insist, that he should be subjected to the risk, expense and delay of a suit. He would be entitled to regain his property with as little delay, expense, or risk as possible. The verdict appears to have been found substantially in conformity to these principles. It is not therefore necessary to inquire, whether there was not any legal duress or constraint upon the plaintiff, when he paid the expense of keeping by a purchase of his horse.
Exceptions overruled.