Measure Of Damages For Conversion

24 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Boyce Gillette v. Stapleton
  336 So. 2d 1226· Fla. 2d DCA· 1976-08-25 ·cited 35×
  Gillette, an auto repair shop owner, retained an automobile belonging to Stapleton and refused to return it when demanded. The trial court improperly instructed the jury to calculate conversion damages based on replacement rental value rather than fair market value, resulting in
• Harrington v. Texaco, Inc.
  339 F.2d 814· 5th Cir.· 1964-12-04 ·cited 33×
  The court held that a directional-deviation survey was admissible evidence, an operator can be held jointly liable for conversion, and a settlement credit is applied against the total loss, not just the legally recoverable portion.
• Aleutco Corp. v. United States
  244 F.2d 674· 3d Cir.· 1957-05-08 ·cited 30×
  The court held that the claim was timely filed under the Federal Tort Claims Act and that the government's actions constituted conversion, not abandonment or a contract dispute.
• Phillips v. Baker
  165 F.2d 578· 5th Cir.· 1948-01-13 ·cited 29×
  The court held that the classification of claimants as 'B' based solely on their indebtedness to the bankrupt was erroneous, and that the date of bankruptcy is the proper measure for conversion damages.
• Upson v. Otis
  155 F.2d 606· 2d Cir.· 1946-04-26 ·cited 24×
  The court denied petitions for rehearing, affirming its prior decision regarding the interpretation of facts presented for settlement approval.
• Knuth v. Erie-Crawford Dairy Coop. Ass'n
  463 F.2d 470· 3d Cir.· 1972-06-28 ·cited 20×
  The court held that the district court erred in instructing the jury on conversion, as the producers did not have a property right in the money paid to the cooperative, and the measure of damages for conversion of milk was not proven.
• In re the Est. of Brewer Corbin v. Corbin
  391 So. 2d 731· Fla. 3d DCA· 1980-12-23 ·cited 19×
  The court held that a personal representative who improperly disposes of estate business assets can be liable for conversion, and damages should be the market value at the time of conversion plus interest.
• Lowndes Shaw & J. C. Stockstill as Co-Partners Under the Firm Name of Shaw & Stockstill v. Dudley R. Saunders
  79 Fla. 846· Fla.· 1920-05-26 ·cited 18×
  Shaw & Stockstill sued Dudley R. Saunders, Richard B. Saunders, Aubrey B. Sanders, Mary S. Blount and Clement Blount for trespass and trover, alleging defendants unlawfully entered their land, cut timber, extracted crude gum, and converted their property. The jury found for plain
• Goodpasture, Inc. v. M/V Pollux
  688 F.2d 1003· 5th Cir.· 1982-10-12 ·cited 16×
  The court held that the law of the case doctrine foreclosed further review of the title issue and affirmed the trial court's damage award for conversion, with a minor modification for carrying charges.
• Paran Moody v. Wm. Caulk
  14 Fla. 50· Fla.· 1872-01-01 ·cited 15×
  In this conversion action, the Florida Supreme Court reversed and ordered a new trial because the trial court erred in instructing the jury on how to calculate damages for converted goods. The court established that damages in conversion cases involving ordinary merchandise shoul
• Foresight Enters., Inc. v. Leisure Time Props., Inc.
  466 So. 2d 283· Fla. 5th DCA· 1985-02-21 ·cited 12×
  Foresight Enterprises and John Ostgard appeal from a $45,650 damages award in a replevin suit for wrongful detention of a 1961 Beech Baron aircraft for 28 months. The court affirms the jury's valuation of the plane at $28,110 but reverses and remands on damages, finding the repai
• Foliage Corp. OF Fla., Inc. v. Watson
  381 So. 2d 356· Fla. 5th DCA· 1980-03-26 ·cited 9×
  Foliage Corporation appealed a jury verdict awarding damages to lessors for waste and conversion of nursery stock plants. The appellate court reversed, holding that evidence of an alleged oral settlement agreement between the parties should have been admitted, and that the expert
• Ariz. Power Corp. v. Smith
  119 F.2d 888· 9th Cir.· 1941-05-23 ·cited 8×
  The court held that the removal of personal property constituted conversion, but there was insufficient evidence to support damages for injury to real property.
• Trahan v. The First Nat'l Bank OF Ruston
  690 F.2d 466· 5th Cir.· 1982-11-01 ·cited 7×
  The court held that under Louisiana law, unusual circumstances can justify awarding damages for conversion at a value other than the time of conversion.
• Kinetics Tech. Int'l Corp. v. The Fourth Nat'l Bank OF Tulsa
  705 F.2d 396· 10th Cir.· 1983-04-14 ·cited 6×
  A bank's perfected security interest in a debtor's inventory attaches to goods delivered to the debtor for incorporation into a product, even if title remains with the supplier, and a sale of such goods in the ordinary course of the debtor's business is authorized, allowing the b
• Schwartz v. NMS Indus., Inc.
  517 F.2d 925· 5th Cir.· 1975-08-18 ·cited 6×
  The court held that NMS breached its registration agreement by failing to register the appellees' shares, but the damages award must be reduced by the value of stock sellable under SEC Rule 144.
• Broadcort Cap. Corp. v. Summa Med. Corp.
  972 F.2d 1183· 10th Cir.· 1992-08-17 ·cited 4×
  The court held that the plaintiff had standing to sue for damages resulting from the issuer's refusal to register a stock transfer, and that a conversion claim was permissible alongside statutory remedies.
• Page v. Matthews
  386 So. 2d 815· Fla. 5th DCA· 1980-07-09 ·cited 2×
  Stuart Page appeals a jury verdict awarding Dean Matthews $8,064 in conversion damages for an improperly repossessed trailer sold under a conditional sales contract. The court reversed, holding that a conditional vendee's recovery in conversion is limited to the value of his equi
• Holland Furnace Co. v. Allen
  118 F.2d 969· 6th Cir.· 1941-04-08 ·cited 2×
  A pledgee's sale of collateral stock without the required statutory notice to the pledgor constitutes conversion, and the pledgor does not ratify the sale by inquiring about it without full knowledge of material facts.
• The Haskell Co. v. Peeples Constr. Co., Inc.
  648 So. 2d 833· Fla. 1st DCA· 1995-01-10 ·cited 1×
  Haskell Company, a sub-subcontractor, appealed a trial court judgment regarding construction bond notice requirements and conversion damages. The court affirmed the trial court's interpretation that the 45-day notice requirement in Florida Statutes section 255.05(2) runs from whe
• Laurence H. Grimes v. Holt
  225 So. 2d 566· Fla. 3d DCA· 1969-07-15 ·cited 1×
  A stock brokerage firm obtained summary judgment against a customer for conversion of securities and money had and received. The appellate court reversed, holding that genuine issues of material fact existed regarding the customer's affirmative defenses of accord and satisfaction
• Balis v. Martin
  M.D. Fla.· 2021-12-20
  The court held that the plaintiffs failed to allege damages sufficient to meet the $75,000 jurisdictional amount for their conversion claim, thus dismissing the case for lack of subject matter jurisdiction.
• Mullin v. Dzikowski
  257 B.R. 356· S.D. Fla.· 2000-08-08
  The court affirmed the bankruptcy court's findings of fact, breach of fiduciary duty, and conversion claims, but reversed and remanded the alter ego claim due to lack of findings on domination and control and the trustee's lack of standing.
• Lucas v. Wilder George Lucas
  946 F.2d 1318· 8th Cir.· 1991-09-25
  The court held that securities held by book entry are subject to conversion and that a power of attorney too general to grant actual authority does not create apparent authority under Missouri law. The court affirmed the jury's finding of conversion but remanded for retrial of ac