“ The real value of the property is not always the sole measure of damages. If the conversion of it is, or may reasonably be supposed to be, productive of any benefit to the defendant, the jury may give additional damages for it; as, where trover is brought for money in a bag, interest ought to be allowed, by way of damages, for the detention; so, in this case, if the negroes had not been delivered, damages could be given for the labor of the negroes, for the use of money or negroes is a certain benefit to the party who converts them, and he ought to pay for it. ”

“ The evidence which the plaintiff wished to produce would have been admissible in trespass, but was, I think, properly rejected in this action. Where there has been an unlawful taking, either trespass or trover will lie; but, if the party proceeds in trover, he waives the tort, except as it is evidence of a conversion, and can only have damages for the value of property converted, and the use of it while in the defendant's possession. ”

“ But, where he acquires no gain to himself by the conversion, it does not appear to me that he is answerable for any damages above the real value of the thing converted. If he was, he would be answering for a mere delictum, for which he is not liable in trover. By waiving the trespass in this action, which the plaintiff must do, he waives, I conceive, every kind of personal wrong which is unattended with any gain to the trespasser; he releases him from everything which death would release him from. ”