Public-domain · open source
OpenJurist

175 Mass. 142

Bradley v. Hooker

Massachusetts Supreme Judicial Court

Decided January 4, 1900

Massachusetts Supreme Judicial Court · decided 1900-01-04

<p> Expert'Testimony. </p> <p>In an action for the conversion of a lounge, evidence having been introduced as to its construction and age, a witness who has qualified as an expert may, to the question, “ What would be the fair market value of that sofa in July, 1897 1 ” answer, “ To anybody that liked antique furniture it was worth fifty dollars, but if it was sold at auction, or to a person who did n’t care for antique furniture, it-would be probably from fifteen dollars to twenty dollars.”</p>

Relies on National Bank of Commerce v. City of New Bedford

Good law ✅— No negative treatment on recordhow we know

Decided 1900-01-04

How this case has been cited

Cited by 15 later decisions — most recently June 2018

2 district · 13 state decisions

40190019101920193019401950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Holmes, C. J.

¶1The question called for the market value of the converted object, and the answer was an attempt to give it. The market value is at least the highest price that a normal purchaser not under peculiar compulsion will pay at the time and place in question in order to get the thing. See National Bank of Commerce v. New Bedford, 155 Mass. 313, 315. In the stock exchange buyers and sellers are brought together in a focus, with the result that there is no danger of missing the highest price by the accident of missing the man who would give it. Even if at a given moment there .is no buyer of the class that would most desire a certain stock or bond, there is an organized public ready to buy upon the anticipation that such a buyer will be found, and regulating the price which it will pay, more or less by that anticipation. There is no such focus for old furniture. The answer very properly recognized the uncertainty of encountering a purchaser who would give the reasonably possible highest price, and named an alternative sum. In a case like this market value is a criterion which oscillates within limits, because, in the absence of a balance wheel like the stock exchange, it cannot be assumed with regard to a single object and a single sale that the element of accident is eliminated, and that the most favorable purchaser will be encountered.

¶2 Exceptions overruled.

/175/mass/142 · .json · Public domain