A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
New Hampshire Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion In a legal context, a conversion is a civil action that occurs when someone unlawfully takes or wrongfully exercises control over someone else's property, depriving the rightful owner of its use and possession. New Hampshire law requires that a plaintiff in an action for conversion must demonstrate a valid property interest in the converted item. This instruction to the jury provides guidance on how to determine whether the plaintiff has a sufficient property interest to maintain an action for conversion in New Hampshire. Keywords: New Hampshire, Instruction to Jury, property interest, conversion, civil action, unlawfully takes, wrongfully exercises control, rightful owner, use, possession, valid property interest, maintain Different types of New Hampshire Instructions to Jury that Property Interest is Necessary to Maintain an Action for Conversion: 1. Instruction on Establishing Ownership Interest: This type of instruction focuses on the plaintiff's ability to establish that they own or have a valid property interest in the converted item. It may include guidelines on presenting title documents, bills of sale, or other evidence to demonstrate ownership. 2. Instruction on Demonstrating Rightful Possession: This instruction highlights the importance of proving lawful possession or control over the converted property. It may outline the requirement to present evidence such as leases, contracts, or other documents establishing the plaintiff's rightful possession. 3. Instruction on Showing Consent or Authority: In certain cases, the plaintiff may need to prove that they had consent or authority from the rightful owner to possess or control the property. This instruction would focus on presenting evidence of any agreements or permissions granted by the owner to maintain the action for conversion. 4. Instruction on Mitigation of Damages: This instruction is relevant if the plaintiff is seeking damages resulting from the conversion. It may advise the jury on the plaintiff's duty to mitigate damages and provide guidance on calculating the appropriate compensation for the loss of the property. 5. Instruction on Good Faith Purchase: If the defendant claims to have acquired the converted property in good faith, this instruction would address the issue of bona fide purchaser status. It may guide the jury in evaluating whether the defendant had reasonable grounds to believe they were obtaining the property legally. Overall, these various instructions to the jury in New Hampshire emphasize the importance of establishing a valid property interest in a conversion case. The precise content and formulation of the instructions would depend on the specific circumstances and legal arguments presented in each individual case.
