Tulley
Tulley v. Tranor
Opinion
lead Opinion
McKinstry, J.
When this action was commenced, sec. 3336 of the Civil Code read: “ The detriment caused by the wrongful conversion of personal property is presumed to be, (1) the value of the property at the time of the conversion, with the interest from that time, or, where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option- of the injured party; and (2) a fair compensation for the time and money properly expended in pursuit of the property.”
Prior to the, trial of the cause in the District Court, the section was amended by striking out therefrom the words : “ Or, where the action was prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party.” There can be no reasonable doubt that the amendment was intended to be applicable to a case in which the conversion had occurred prior to its passage. The general language covers all cases of wrongful conversion. The expres *279 sion “ is presumed to be ” indicates that it was intended to establish a…