Poor pleading of conversion in a case involving trust required dismissal of conversion claim. Particularity in pleading is required for such claims. In Stalnaker v. Cupp, No. M2023-00404-COA-R3-CV (Tenn. Ct. App. June 18, 2024), plaintiff was the sole beneficiary of a residual trust, and plaintiff and defendant were co-trustees. A…
Where defendant in a conversion case admitted all of plaintiff’s statement of facts and only asserted in his additional facts that he acted in good faith and honesty, summary judgment for plaintiff on the conversion claim was affirmed. In Melton v. Melton, No. E2023-00649-COA-R3-CV (Tenn. Ct. App. Dec. 27, 2023),…
Where defendant’s counterclaim asserted the conversion of its real property through a transfer that “was not supported by consideration, was commercially unreasonable, and made under economic duress,” and that alleged conversion occurred less than ten years ago, summary judgment in favor of plaintiff was vacated. Summary judgment on defendant’s counterclaim…
Where plaintiffs could have discovered in October 2009 that funds had been transferred out of an account payable to them upon decedent’s death and into an account payable to defendant, the conversion claim filed in 2019 was time-barred. In Kidd v. Lewis, No. E2021-01156-COA-R3-CV, 2022 WL 2866006 (Tenn. Ct. App.…
Where plaintiffs witnessed defendants loading their personal property onto a truck but did not file their complaint for conversion until more than three years later, dismissal based on the statute of limitations was affirmed. In Bender v. Attorney S. Madison Roberts, No. M2019-01699-COA-R3-CV (Tenn. Ct. App. Aug. 13, 2021), plaintiffs…
Where plaintiff’s brother surrendered an annuity fund, signed plaintiff’s name on the check from the fund, and deposited the funds in his own account, all without plaintiff’s consent or knowledge, the trial court’s verdict that defendant brother was liable for conversion was affirmed, as was the finding that the statute…
Where 23 months had passed between the filing of the complaint and the conversion of a truck, and where plaintiff sought “such other relief as he may be entitled to” in his ad damnum clause, the trial court did not err by awarding him a sum much larger than the…
Where a landlord evicted a tenant by locking him out and bypassed the legal process outlined in the lease, the landlord was liable for conversion, and the Court of Appeals affirmed an award based on “the present day value of the personal property which Plaintiff claimed was not returned.” In…