Page:United States Statutes at Large Volume 47 Part 1.djvu/1357

 72d C ONGRESS. SESS. II. CH. 128 . FEB RUARY 27, 1933 . CROSS REFERENCE Warranty of authority by one assuming to act as agent, see section 1073 . Ante, p . 1288 . SEC. 1613 . BREACH OF PROMISE OF MARRIAGE .-The damages for marriage. of prom ise of the breach of a pr om ise of marriage re st in the so und discretion of the court or jury. SEC. 1614. LIABILITY FOR NON PA YME NT OF CHECK .-No b ank shall mLiability oefor nonpay be liable to a depositor because of the nonpayment through mistake or error, and without malice, of a check which should have been paid unles s the depo sitor shal l all ege and pr ove a ctual dama ge by reason of such nonpayment and in such event the liability shall not exceed the amount of damage so proved. DAMA GES FOR WR ONGS SE C. 1615. BREA CH OF OBLIGATION OTHER TH AN CONTRACT .-For the b reach of an obl igati on not ari sing from contr act the me asure of damages, except where otherwise expressly provided by this cod e, is the amount whicl} will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not. CROSS REFERENCE Diminution of da mag es in proportion to wa nt of care of persons injured, see section 595 . 1333 Damages for wrongs. Breach of obligation other than contract. Ante, p. 1203. SE C. 1616. CONVERSION OF PERSONAL PROPERTY :The detriment Co nversion of per. sona3 property. caused by the wrongful conversion of personal property is presumed to be First . The val ue of the prope rty at the time of the co nvers ion, with the in terest from that time, or where the action has been prose cuted with reas onabl e dil igenc e, the hig hest marke t val ue of the p roper ty at any time betwe en the con versi on and the judg ment, without interest, at the option of the injured party ; and Second. A fa ir co mpens ation for the t ime and mo ney p roper ly expended in pursuit of the property. SEC. 1617. SAME.-The presumption declared by section 1616 can Presumption of not be repelled in favor of one whose possession was wrongful from detriment. the beginning, by his subsequent application of the property to the benefit of the owner, without his consent. SEC. 1618. DAMAGES OF LIENOR .-One having a mere lien on per- Damages of lienor . sonal property, can not recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensa- ti on allowed by section 1616 for loss of time and expenses. CROSS REFERENCES Dama ges for conv ersio n of personalty, generally, see section 1616 . Levy on mortgaged chattel, see section 1362. Ante, p. 1303 . SEC. 1619. SEDUCTION .-The da mag es for seduction re st in the Seduction. sound discretion of the court or jury. SEC. 1620 . INJURIES TO ANIMALS.-For wrongful injuries to ani- Injuries to animals . bein g sub jects of p roper ty, c ommit ted w illfu lly or by gross negligence, in disregard of humanity, exemplary damages may be given. CROSS REFERENCE Exemplary damages, generally, see section 1604 . Ante, p.1331.
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