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.
Title: Exploring New York Instructions to Jury: Property Interest Requirement for an Action of Conversion Keywords: New York, instruction, jury, property interest, action, conversion Introduction: New York law requires that a plaintiff in an action for conversion must demonstrate a valid property interest in the converted property. To guide juries in understanding this requirement, New York provides specific instructions to ensure a fair trial and consistent application of the law. In this article, we will provide a detailed description of these instructions and explore any potential variations or types that may exist. I. The Basic New York Instruction to Jury on Property Interest in Conversion Cases: The standard instruction given to the jury is to determine whether the plaintiff held a recognized property interest in the converted property at the time of the alleged conversion. The purpose of this instruction is to establish that the plaintiff has a legal right to assert a claim for conversion based on their ownership, possession, or control over the converted property. II. Potential Variations or Types of New York Instruction to Jury in Conversion Cases: While the basic instruction mentioned above serves as a general guideline, it is important to note that specific instances or circumstances may lead to variations in the instruction provided to the jury. Some potential types of New York instructions related to property interest in conversion cases include: 1. Instruction with regard to Purchased Property: In cases where the plaintiff purchased the converted property, the jury instruction may highlight the necessity of establishing a valid ownership interest through proof of purchase, such as receipts, bills of sale, or transfer documents. 2. Instruction involving Borrowed Property: When the plaintiff claims conversion of borrowed property, the jury instruction may focus on the requirement of a property interest based on lawful possession or control granted by the owner. Proof of a valid and lawful borrowing arrangement, such as a written agreement or evidence of consent, may be necessary. 3. Instruction regarding Stolen Property: In cases where the plaintiff alleges conversion of stolen property, the jury instruction may emphasize the need for a property interest based on proof of rightful ownership before the theft occurred. Documentation demonstrating ownership or other relevant evidence may be presented to establish the plaintiff's property interest. Conclusion: In New York, an action for conversion requires the plaintiff to establish a valid property interest in the converted property. The instructions given to the jury serve as essential guidance to ensure the proper application of the law. While a standard instruction on property interest exists, variations may arise depending on the specific circumstances of the case, such as purchased, borrowed, or stolen property. Understanding these instructions can aid juries in making informed decisions and delivering fair verdicts.
