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.
Missouri Instruction to Jury: Unauthorized Sale of Personal Property Constitutes Conversion In Missouri, the unauthorized sale of personal property can be considered a conversion, which refers to the act of wrongfully exerting control over someone else's property. There are several types of Missouri Jury Instructions (MAI) that address this particular legal concept, providing guidance to the jury in cases involving unauthorized sales or transfers of personal belongings. One such instruction is MAI 25.03, which explains that an unauthorized sale of personal property can be considered a conversion if it meets specific criteria. The instruction sets forth that if a person intentionally sells another person's personal property without their consent and without legal authority, it may be deemed an act of conversion. The jury is instructed to determine whether the sale was indeed unauthorized and conducted without proper consent, providing a basis for the conversion claim. MAI 25.04 is another relevant instruction that addresses conversion in the context of unauthorized sales. This instruction clarifies that if the jury believes the defendant sold the plaintiff's personal property without lawful authority or authorization, such an act can be considered a conversion. Jurors are further instructed to analyze the evidence presented, weighing the credibility of witnesses and any other relevant factors when determining if a conversion has occurred. Additionally, there might be other variations or specific instructions tailored to different scenarios involving unauthorized sales constituting conversion. These could include instructions related to particular types of personal property, such as vehicles (e.g., MAI 26.10), real estate (e.g., MAI 27.03), or financial instruments (e.g., MAI 28.07). These specialized instructions may further help the jury in understanding the elements necessary to establish conversion in specific contexts. Keywords: Missouri Jury Instructions, unauthorized sale, personal property, conversion, MAI 25.03, MAI 25.04, MAI 26.10, MAI 27.03, MAI 28.07, legal authority, consent, wrongful control.
