New York Court of Appeals

Henrietta H. Wright, Respondent and Appellant v. Bank of the Metropolis, Appellant and Respondent

October 2, 1888110 N.Y. 237

Summary

The Court of Appeals reversed the judgment and ordered a new trial, holding that the proper measure of damages for conversion of stock is the highest market price attained within a reasonable time after the conversion, and that the determination of a reasonable time is a question of law. The plaintiff has a duty to repurchase the stock within that time, and damages are limited to the loss actually incurred, not the highest price before trial.