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Welch v. Kosasky

Massachusetts Court of Appeals

509 N.E.2d 919 (1987)

Relevant factsFree

After silver antiques stolen from the Welches (plaintiffs) passed through a pawn shop to Kosasky (defendant), who bought some pieces and, on a dealer's advice, had one set of castors altered before the Welches eventually tracked down and recovered all of their silver eight years later; expert testimony valued the unaltered castors at $25,000 but the altered castors at only $3,000. The trial court, finding Kosasky knew or should have known the goods were stolen, awarded damages for loss of use, for the castors' diminished value, and for recovery costs; Kosasky appealed.

IssueFree

Whether a plaintiff whose chattels are stolen may recover for both conversion and any decrease in the chattels' value caused by trespass to chattels while they were in the defendant's possession.

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