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Keywords

damagestrialtrustbailseizure

plaintiffdefendantdamagesappealtrialtrustbail

Related Cases

B.A. Ballou and Co., Inc. v. Citytrust, 218 Conn. 749, 591 A.2d 126

Facts

B.A. Ballou & Company, Inc. (Ballou) delivered scrap metal to Bridgeport Rolling Mills, Inc. (Brimco) for recycling. Brimco commingled Ballou's scrap with that of other companies and processed it into new brass, which could differ in composition from the original scrap. Citytrust, as a secured creditor of Brimco, took possession of all metal on site, including Ballou's scrap, leading Ballou to file a conversion action against Citytrust.

The parties stipulated as follows: the plaintiff B.A. Ballou & Co., Inc. (Ballou), manufactures jewelry. Bridgeport Rolling Mills, Inc. (Brimco), was a metal fabricator. Brimco supplied Ballou with sheets of stock brass, an alloy that Ballou used to manufacture jewelry. Ballou shipped its leftover brass back to Brimco, which commingled it with scrap brass received from other companies.

Issue

The main legal issues were: (1) who has the burden of proving whether a bailment exists; (2) whether a bailment existed under the circumstances; and (3) whether damages for conversion were properly calculated.

The issues on appeal are: (1) who has the burden of proving whether a bailment exists; (2) whether under the circumstances presented a bailment existed; and (3) whether damages for conversion were properly calculated.

Rule

The court ruled that the burden of proving a bailment lies with the party whose claim to ownership relies upon such a relationship, and that a bailment exists only if the identical property delivered is to be returned to the owner.

We conclude that (1) the burden of proving a bailment lies with the party whose claim to ownership relies upon such a relationship; and (2) no bailment existed here.

Analysis

The court analyzed the relationship between Ballou and Brimco, concluding that the commingling of Ballou's scrap with that of others and the lack of an agreement to return the identical scrap meant that no bailment existed. The court emphasized that the nature of the transaction was such that the identity of the original scrap was lost, and thus Ballou could not claim ownership of the scrap taken by Citytrust.

The trial court found that scrap from Ballou had been commingled with scrap from other sources and concluded that '[t]he fact that the property of the plaintiff is commingled with like property of another … does not necessarily force the conclusion that the transaction is not a bailment.'

Conclusion

The court reversed the trial court's judgment, concluding that no bailment existed and therefore Citytrust did not convert Ballou's property. The case was remanded with directions to render judgment for Citytrust.

The judgment of the trial court is reversed and the matter is remanded with direction to render judgment for the defendant.

Who won?

Citytrust prevailed in the case because the court found that no bailment existed, which meant that Citytrust's seizure of the scrap metal did not constitute conversion.

Citytrust first claims that the trial court improperly placed the burden of proving a necessary element of Ballou's case upon Citytrust.

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