Missouri Approved Instructions

MAI - Conversion

{23.12(1) [1989 New] Verdict Directing-Conversion-Taking

Your verdict must be for plaintiff if you believe:

First, plaintiff was {here describe facts which entitled plaintiff to possession-e.g.-"the owner of the watch", "the lessee of the automobile"}, and

Second, defendant took possession of {here describe the property} with the intent to exercise some control over {here describe the property}, and

Third, defendant thereby deprived plaintiff of the right to possession of {here describe the property}.

{unless you believe that plaintiff is not entitled to recover by reason of Instruction No. {here insert number of affirmative defense instruction}}.

{23.12(2) [1989 New] Verdict Directing-Conversion-Failure to Surrender Possession}

Your verdict must be for plaintiff if you believe:

First, plaintiff was {here describe facts which entitled plaintiff to possession-e.g.-"the owner of the watch", "the lessee of the automobile"}, and

Second, defendant had possession of {here describe the property}, and

Third, plaintiff made a demand to defendant for possession of {here describe the property}, and

Fourth, thereafter defendant intentionally failed to return possession of {here describe the property} to plaintiff.

{unless you believe that plaintiff is not entitled to recover by reason of Instruction No. {here insert number of affirmative defense instruction}}.