In an action by a personal property owner against the lienholder for wrongful conversion of the property covered by the lien, the property owner is generally only entitled to recover the excess of the fair market value of the property over the amount of the debt for which it was security.
Missouri Instruction to Jury Regarding Damages for Conversion by Lienholder
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Multi-State
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US-01364BG
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How to fill out Instruction To Jury Regarding Damages For Conversion By Lienholder?
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FAQ
The Missouri Constitution guarantees each citizen a right to trial by jury in both criminal and many civil matters. Few activities in our civic life provide such a direct contact with our democracy as does jury service.
Section 22(a) Right of trial by jury?qualification of jurors?two-thirds verdict. render a verdict; and that in every criminal case any defendant may, with the assent of the court, waive a jury trial and submit the trial of such case to the court, whose finding shall have the force and effect of a verdict of a jury.
A true converse instruction begins: ?[]y]our verdict must be for the defendant unless you believe,? and it must mimic the language of the plaintiff's verdict directing instruction.
The true converse. instruction incorporates and thereby points to one or more elements of the. verdict director and reiterates the obvious result of the plaintiff failing to. prove one or more of the elements of his verdict director.
Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ...