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.
Connecticut Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion: In the state of Connecticut, when a dispute arises over the conversion of property, it is important for the jury to understand the legal concept of prima facie evidence. One type of instruction that is commonly given to jurors in such cases is the instruction that demand for and refusal of possession can be considered prima facie evidence of conversion. Conversion refers to the unauthorized interference with another person's personal property, which results in that person's deprivation of their possessor rights. In legal terms, it is considered a civil wrong, and the injured party may seek damages as a remedy. The instruction to the jury that demand for and refusal of possession is prima facie evidence of conversion essentially means that if the plaintiff can demonstrate that they demanded their property's return, and the defendant refused to comply, this refusal can be considered as strong evidence supporting the claim of conversion. It shifts the burden of proof to the defendant to justify why they retained possession without consent. It is important to note that this instruction does not automatically establish that conversion has occurred. Instead, it provides a legal presumption that the refusal to return possession creates an inference of conversion, which the defendant can rebut by presenting evidence showing a legitimate reason for withholding the property. There may be variations of this instruction depending on the specific circumstances of the case. For example: 1. Instruction to Jury — Demand for and Refusal of Possession is Prima Facie Evidence of Conversion in Ailment Cases: In cases involving ailment, which refers to the temporary transfer of possession of personal property, the above-mentioned instruction may be modified to specifically address ailment situations. The jury is informed that if the plaintiff demanded the return of their property from the bailee (the party temporarily possessing the goods) and the bailee refused to comply, such refusal may serve as prima facie evidence of conversion. 2. Instruction to Jury — Demand for and Refusal of Possession is Prima Facie Evidence of Conversion in Landlord-Tenant Cases: In cases involving landlord-tenant disputes, this instruction may be tailored to address situations where the landlord wrongfully withholds the tenant's property, such as security deposits or personal belongings left behind after termination of the tenancy. The instruction would guide the jury to consider the refusal to return possession, despite proper demand, as prima facie evidence of conversion by the landlord. These variations highlight how the instruction can be adapted to different factual scenarios, ensuring that the principle of prima facie evidence of conversion through demand and refusal of possession is applied effectively in the diverse range of cases tried in Connecticut's courts.
