Pearpoint v. Henry

Court of Appeals of Virginia

Pearpoint v. Henry

2 Va. 192

DecidedApril 15, 1796

StatusPublished

This text of 2 Va. 192 (Pearpoint v. Henry) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pearpoint v. Henry, 2 Va. 192 (Va. Ct. App. 1796).

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Opinion

Roane J.

It seems to be the better opinion, that a declaration in this action need not state the price of the thing converted, though this is necessary in the action of detinue, where the thing itself, or the value is to be recovered. In the former case* it is not the price which the plaintiff goes for, but damages for the conversion: and even where the price is laid, he may recover more or less, provided the damages do not exceed those laid in the declaration.

The Court affirmed the judgment.

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Roane J.

It seems to be the better opinion, that a declaration in this action need not state the price of the thing converted, though this is necessary in the action of detinue, where the thing itself, or the value is to be recovered. In the former case* it is not the price which the plaintiff goes for, but damages for the conversion: and even where the price is laid, he may recover more or less, provided the damages do not exceed those laid in the declaration.

The Court affirmed the judgment.

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Bluebook (online)

2 Va. 192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearpoint-v-henry-vactapp-1796.