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Gavcus v. Potts

United States Court of Appeals for the Seventh Circuit

808 F.2d 596 (1986)

Relevant factsFree

After her husband's death, Potts (defendant), his daughter from a prior marriage, took valuable silver coins from the Gavcus house, believing she was entitled to them; Gavcus (plaintiff) hired an attorney and recovered the coins through a criminal process, then sued Potts civilly for the cost of a new house alarm and the attorney's fees spent recovering the coins. The district court ruled for Gavcus but awarded only nominal damages, and Gavcus appealed.

IssueFree

Whether compensatory damages resulting from trespass or conversion are recoverable only where there is proof of actual injury to the property or person.

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