Breach of promise of marriage. SEC. 3329. The damages for the breach of a promise of marriage rest in the sound discretion of the jury. Southard vs. Rexford, 6 Cow., 254; see Johnson vs. Jenkins, 24 N. Y., 252.* N. Y. C. C., Sec. 1859. ARTICLE II. Breach of obligation other than contract. Wrongful occupation of real Iroperty. Wilful hold ng over. DAMAGES FOR WRONGS. SECTION 3333. Breach of obligation other than contract. 3334. Wrongful occupation of real property. 3335. Wilful holding over. 3336. Conversion of personal property. 3337. Same. 3338. Damages of lienor. 3339. Seduction. 3340. Injuries to animals. SEC. 3333. For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not. N. Y. C. C., Sec. 1860. SEC. 3334. The detriment caused by the wrongful occupation of real property, in cases not embraced in Secs. 3335, 3344, 3345 and 3346, is deemed to be the value of the use of the property for the time of such occupation, not exceeding six years next preceding the commencement of the action or proceeding to enforce the right to damages, and the costs, if any, of recovering the pos session. SEC. 3335. N. Y. C. C., Sec. 1861. For wilfully holding over real property, by a person who entered upon the same, as guardian or trustee for an infant, or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over. N. Y. C. C., Sec. 1862. SEC. 3336. The detriment caused by the wrongful con- Conversion version of personal property, is presumed to be— 1. The value of the property at the time of the conversion, with interest from that time, or, where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party; and, 2. A fair compensation for the time and money properly expended in pursuit of the property. N. Y. C. C., Sec. 1863. of personal property. SEC. 3337. The presumption declared by the last sec- Same. tion cannot 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. N. Y. C. C., Sec. 1864. SEC. 3338. One having a mere lien on personal property, cannot 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 Sec. 3336 for loss of time and expenses. SEC. 3339. N. Y. C. C., Sec. 1865. Damage of lienor. The damages for seduction rest in the sound Seduction. discretion of the jury. N. Y. C. C., Sec. 1866. animals. SEC. 3340. For wrongful injuries to animals, being Injuries to subjects of property, committed wilfully, or by gross negligence, in disregard of humanity, exemplary damages may be given. N. Y. C. C., Sec. 1867. ARTICLE III. PENAL DAMAGES. SECTION 3344. Failure to quit, after notice. 3345. Tenant wilfully holding over. 3346. Forcible exclusion from possession of real property. 3347. Injuries to trees, etc. 3348. Injuries inflicted in a duel. 3349. Same. Failure to quit, after notice. Tenant wil. fully holding over. Forcible exclusion from possession of real property. Injuries to trees, etc. Injuries inflicted in a duel. SEC. 3344. For the failure of a tenant to give up the premises held by him, when he has given notice of his intention to do so, the measure of damages is double the rent which he ought otherwise to pay. N. Y. C. C., Sec. 1868. SEC. 3345. For wilfully holding over real property, by a tenant, after the end of his term, and after notice to quit has been duly given, and demand of possession made, the measure of damages is double the yearly value of the property, for the time of withholding, in addition to compensation for the detriment occasioned thereby. N. Y. C. C., Sec. 1869. NOTE.-Secs. 791 and 792 of this Code must be substituted for the two preceding sections, before adoption. Their sameness of subject and difference of locality was discovered too late to remedy in this print-one of the little accidents in revision. SEC. 3346. For forcibly ejecting or excluding a person from the possession of real property, the measure of damages is three times such a sum as would compensate for the detriment caused to him by the act complained of N. Y. C. C., Sec. 1870. NOTE.-Change Sec. 1174 (C. C. P.) to correspond with the three preceding sections, or change these sections to cor respond with that. SEC. 3347. For wrongful injuries to timber, trees or underwood upon the land of another, or removal thereof, the measure of damages is three times such a sum as would compensate for the actual detriment, except where the trespass was casual and involuntary, or committed under the belief that the land belonged to the trespasser, or where the wood was taken by the authority of highway officers for the purposes of a highway; in which cases the damages are a sum equal to the actual detri ment. N. Y. C. C., Sec. 1871. SEC. 3348. If any person slays or permanently disa bles another person in a duel in this State, the slayer shall provide for the maintenance of the widow or wife of the person slain or permanently disabled, and for the minor children, in such manner and at such cost, either by aggregate compensation in damages to each, or by a monthly, quarterly or annual allowance, to be determined by the Court. SEC. 3349. If any person slays or permanently disa- Same. bles another person in a duel in this State, the slayer shall be liable for and shall pay all debts of the person slain or permanently disabled. SECTION 3353. Value, how estimated in favor of seller. 3354. Value, how estimated in favor of buyer. 3355. Property of peculiar value. 3356. Value of thing in action. 3357. Damages allowed in this chapter, exclusive of others. 3359. Damages to be reasonable. SEC. 3353. In estimating damages, the value of property, to a seller thereof, is deemed to be the price which he could have obtained therefor in the market nearest to the place at which it should have been accepted by the buyer, and at such time after the breach of the contract as would have sufficed, with reasonable diligence, for the seller to effect a resale. N. Y. C. C., Sec. 1872. SEC. 3354. In estimating damages, except as provided by Secs. 3355 and 3356, the value of property, to a buyer or owner thereof, deprived of its possession, is deemed to be the price at which he might have bought an equivalent thing in the market nearest to the place where the property ought to have been put into his possession, and at such time after the breach of duty upon which his right to damages is founded as would suffice, with reasonable. diligence, for him to make such a purchase. N. Y. C. C., Sec. 1873. SEC. 3355. Where certain property has a peculiar Property value to a person recovering damages for deprivation value. of peculiar Value of thing in action. Damages allowed in thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a wilful wrong-doer. SEC. 3356. N. Y. C. C., Sec. 1874. For the purpose of estimating damages, the value of a thing in action is presumed [prima facie] to be equal to that of the property to which it entitles its owner. SEC. 3357. The damages prescribed by this chapter. this chapter, are exclusive of exemplary damages and interest, except where those are expressly mentioned. exclusive of others. Limitation of damages. Damages to be reason. able. N. Y. C. C., Sec. 1876. SEC. 3358. Notwithstanding the provisions of this chapter, no person can recover a greater amount in damages for the breach of an obligation, chan he could have gained by the full performance thereof on both sides, except in the cases specified in the articles on Exemplary Damages and Penal Damages, and in Secs. 3329, 3339 and 3340. This is an established principle of equity (Skinner vs. White, 17 Johns., 357; rev'g S. C., 2 Johns. Ch., 526), which, since the union of law and equity, should be recognized as a rule of damages. See a decision upon a similar question in Russell vs. Roberts, 3 E. D. Smith, 318. N. Y. C. C., Sec. 1877. SEC. 3359. Damages must, in all cases, be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered. James vs. Morgan, 2 Levinz, 111; Thornborow vs. Whitacre, 2 Ld. Raym., 1164. In the first case, the defendant had agreed to pay, for a horse sold to him, a farthing for his first shoe nail, two farthings for the second, four for the third, and so on, for the thirty-two nails in the horse's shoes. This, of course, amounted to many thousand pounds sterling, for which the plaintiff sued. But the Court directed the jury to assess the damages at the actual value of the horse, which was found to be eight pounds. In the latter case, a somewhat similar bargain was entered into, the dam |