Welch v. Kosasky
Massachusetts Court of Appeals
509 N.E.2d 919 (1987)
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.
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.