Opinion
October, 1922.
Judgment affirmed, with costs. Held, that the official referee adopted the correct measure of damage. The defendant being a wrongdoer, the plaintiff, the conditional vendor of the personal property in question, was entitled to recover the full value of the property and he holds as trustee, for the benefit of the conditional vendee, any surplus which may remain over and above the amount of his claim. ( Bigelow v. Goble, 9 App. Div. 391.) All concur.