Page:United States Statutes at Large Volume 76A.djvu/361

–265– -265§ 4687. Breach of warranty of agent's authority The detriment caused by the breach of a warranty of an agent's authority is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal. § 4688. Nonpayment of check A bank is not liable to a depositor because of the nonpayment through mistake or error, and without malice, of a check which should have Been paid unless the depositor alleges and proves actual damage by reason of the nonpayment and in such event the liability shall not exceed the amount of damage so proved. Article B—Damages for Wrongs § 4701. Breach of obligation other than contract For the breach of an obligation not arising from contract the measure of damages, except where otherwise expressly provided by this title, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not. § 4702. Conversion of personal property; presumption 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 an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; and (2) a fair compensation for the time and money properly expended in pursuit of the property. § 4703. Same; application to benefit of owner The presumption declared by section 4702 of this title can not be repelled, in favor of one whose possession was wrongful from the beginning, by his subsequent application of the property to the benefit of the owner, without his consent. § 4704. Same; damages of lienor One having a mere lien on personal 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 compensation allowed by section 4702 of this title for loss of time and expenses. § 4705. Seduction The damages for seduction rest in the sound discretion of the court or jury. § 4706. Injuries to animals For wrongful injuries to animals which are subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given.

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