Fulks V. Fulks

1606 Words7 Pages
Fulks v. Fulks, 121 N.E.2d 180, 95 Ohio App. 515 (Ohio App. 4 Dist. 1953) 95 Ohio App. 515 (Ohio App. 4 Dist. 1953) 121 N.E.2d 180 FULKS v. FULKS et al. Court of Appeals of Ohio, Fourth District, Lawrence. November 20, 1953 Syllabus by the Court. 1. Any wrongful or unauthorized act of control or exercise of dominion over the personal property of another which deprives the owner of possession of his property constitutes a conversion even though the wrongdoer may be acting under misapprehension or mistake, and, in an action predicated upon such conversion, it is unnecessary for the owner to show wrongful purpose, intent, or an assertion of ownership by the wrongdoer over the converted property. 2. There is no inflexible rule as to the measure of damages for a wrongful conversion, and where properly pleaded, money expended for attorney fees in recovering possession of the converted property is includable as an item of special damage. David E. Crowe, Ironton, for appellant. O. E. Irish and Riley & Riley, Ironton, for appellee. 95 Ohio App. 516 COLLIER, Judge. The plaintiff-appellee brought an action in the Common Pleas Court of Lawrence County for damages in which he claims that he was the owner of a steer worth $160; that the defendants converted the steer to [121 N.E.2d 181] their own use, loaded it into a truck and hauled it to the Catlettsburg, Kentucky, stock market and sold it to H. Van Bibber of Greenup, Kentucky; that in his efforts to regain possession of the steer, the plaintiff lost earnings in the sum of $90, expended $200 in pursuit of his property, paid attorney fees in repossessing the steer in the sum of $125, paid to Van Bibber, who purchased the steer, the sum of $160 for the return of the steer and other expenses in hauling the steer from Greenup, Kentucky, to his farm in Lawrence County, Ohio, and veterinary fees, making a total of $692, for

More about Fulks V. Fulks

Open Document