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.
Montana Instruction to Jury: Property Interest is Necessary to Maintain an Action for Conversion In Montana, when pursuing a legal action for conversion, it is essential to establish a property interest in the converted item. This is because conversion generally refers to an unauthorized control or interference with someone's personal property rights. To guide the jury in understanding the importance of a property interest, the following instruction can be provided: Montana Instruction to Jury: Property Interest is Necessary to Maintain an Action for Conversion 1. Property Interest Requirement: In order to maintain an action for conversion, the plaintiff must demonstrate a property interest in the converted item. A property interest may include ownership, possession, or any other legally recognized interest in the personal property. 2. Unauthorized Control or Interference: Conversion refers to the unauthorized control or interference with another person's property rights. Therefore, it is important for the plaintiff to establish that they had a lawful right to possess or control the converted item, which was unlawfully usurped by the defendant. 3. Proof of Property Interest: The plaintiff bears the burden of proving their property interest in the converted item by a preponderance of the evidence. This means that the evidence presented must establish that it is more likely than not that the plaintiff had a legally recognized property interest in the item. 4. Types of Property Interest: There are various types of property interests that may be relevant in a conversion claim. These may include ownership by title, possession, leasehold rights, ailment, lien rights, or any other legally recognized interest in the personal property. 5. Defense Challenges: The defendant may challenge the plaintiff's alleged property interest and dispute its legal validity. It is the jury's responsibility to evaluate the evidence presented by both parties and determine whether the plaintiff has successfully established a property interest in the converted item. Different versions or variations of the Montana Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion may not have specific names, but rather they may differ in terms of language or phrasing used to convey the same essential elements. However, it is crucial to tailor the instruction to the specific facts and circumstances of each case, ensuring clarity and relevance to the jury.
