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.
Nebraska Instruction to Jury Regarding Damages for Conversion by Lien holder is a legal instruction that provides guidance to the jury on how to determine the damages in a case involving conversion by a lien holder. Conversion refers to the wrongful possession or disposal of someone else's property without their consent. The instruction aims to inform the jury about the specific damages that can be awarded to the plaintiff in such cases. Some relevant keywords for this description could include: 1. Nebraska Instruction to Jury: This highlights that the instruction is specific to the state of Nebraska and is provided to guide the jury in their decision-making process. 2. Damages: The instruction focuses on the damages that can be awarded to the plaintiff. Damages refer to the monetary compensation that the plaintiff may be entitled to if the defendant is found liable for conversion. 3. Conversion: Conversion is a legal term used to describe the act of wrongfully taking, using, or disposing of someone else's property. The instruction clarifies that the case at hand involves conversion by a lien holder, meaning that the defendant, who holds a lien on the property, has wrongfully dealt with it. 4. Lien holder: A lien holder is a person or entity that has a legal claim or interest in a property as security for the repayment of a debt or obligation. In this context, the instruction addresses situations where a lien holder's actions result in the conversion of the property they hold a lien on. Different types of Nebraska Instruction to Jury Regarding Damages for Conversion by Lien holder may exist based on the specific elements of the case, legal precedents, or available remedies. However, without specific information on these variations, it is challenging to name them explicitly. The instruction may vary based on the unique circumstances and legal arguments presented in each case.