A trespass to personal property is t he use of someone's property without person. 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. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
One type of New Hampshire Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is the general instruction for civil cases. This instruction provides guidance to the jury regarding the legal concept of conversion, specifically focusing on the significance of a demand for possession and subsequent refusal by the defendant. In this instruction, the jury is informed that if the plaintiff demands the return of their property and the defendant refuses to comply, such action constitutes prima facie evidence of conversion. It means that the refusal is considered as sufficient evidence of the defendant's wrongful appropriation or control over the plaintiff's property. Furthermore, the instruction clarifies that the defendant's refusal to return the property must be intentional and without lawful justification. This is important to ensure the jury understands that the defendant's actions should be deemed deliberate and not accidental or excusable. The instruction emphasizes that the burden of proof rests with the plaintiff, who must establish the following elements: (1) the plaintiff's ownership or right to possess the property, (2) a demand for return made to the defendant, and (3) refusal by the defendant to comply with the demand. Additionally, it may be necessary to mention specific types of cases where this instruction is applicable, such as: 1. Conversion of personal property: This type of instruction applies in cases involving the unauthorized control, deprivation, or wrongful appropriation of tangible personal property, such as vehicles, electronics, or valuable items. 2. Conversion of real property: In cases where the dispute revolves around the wrongful use, occupation, or interference with real estate, such as land, buildings, or other immovable properties, a modified version of the instruction might be necessary to cover the specific elements and circumstances relevant to real property conversion. Overall, the New Hampshire Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion provides clear guidance to the jury regarding the legal implications of a defendant's refusal to return requested property. It ensures that the jury understands the significance of this refusal as prima facie evidence of conversion in civil cases, helping them make an informed decision based on the evidence presented during the trial.One type of New Hampshire Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is the general instruction for civil cases. This instruction provides guidance to the jury regarding the legal concept of conversion, specifically focusing on the significance of a demand for possession and subsequent refusal by the defendant. In this instruction, the jury is informed that if the plaintiff demands the return of their property and the defendant refuses to comply, such action constitutes prima facie evidence of conversion. It means that the refusal is considered as sufficient evidence of the defendant's wrongful appropriation or control over the plaintiff's property. Furthermore, the instruction clarifies that the defendant's refusal to return the property must be intentional and without lawful justification. This is important to ensure the jury understands that the defendant's actions should be deemed deliberate and not accidental or excusable. The instruction emphasizes that the burden of proof rests with the plaintiff, who must establish the following elements: (1) the plaintiff's ownership or right to possess the property, (2) a demand for return made to the defendant, and (3) refusal by the defendant to comply with the demand. Additionally, it may be necessary to mention specific types of cases where this instruction is applicable, such as: 1. Conversion of personal property: This type of instruction applies in cases involving the unauthorized control, deprivation, or wrongful appropriation of tangible personal property, such as vehicles, electronics, or valuable items. 2. Conversion of real property: In cases where the dispute revolves around the wrongful use, occupation, or interference with real estate, such as land, buildings, or other immovable properties, a modified version of the instruction might be necessary to cover the specific elements and circumstances relevant to real property conversion. Overall, the New Hampshire Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion provides clear guidance to the jury regarding the legal implications of a defendant's refusal to return requested property. It ensures that the jury understands the significance of this refusal as prima facie evidence of conversion in civil cases, helping them make an informed decision based on the evidence presented during the trial.
