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Keywords

plaintiffdefendantdamagesverdict
tortplaintiffdefendantlease

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Preble v. Hanna, 117 Or. 306, 244 P. 75

Facts

The plaintiffs owned a soap manufacturing plant and claimed that the defendant converted their personal property, valued at $4,635, which included machinery and equipment. They alleged that the defendant locked them out of their premises, preventing them from accessing their property and conducting their business. The plaintiffs had paid rent for the premises to the previous owner, N. M. Todd, and were in lawful possession when the defendant took control of the property.

The plaintiffs were the owners of a small plant for the manufacture of soap. The personal property is itemized in the complaint, and is alleged to have been of the reasonable market value of $4,635.

Issue

The main legal issue was whether the defendant's actions constituted conversion of the plaintiffs' personal property.

The main legal issue was whether the defendant's actions constituted conversion of the plaintiffs' personal property.

Rule

Conversion is defined as any distinct act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his rights therein.

Conversion is any distinct act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his rights therein, such as a tortious taking of another's chattels, or any wrongful exercise or assumption of authority, personally or by procurement, over another's goods, depriving him of the possession, permanently or for an indefinite time.

Analysis

The court found that the defendant's actions of locking the plaintiffs out of their property and preventing them from accessing their machinery constituted a wrongful exercise of dominion over the plaintiffs' property. The evidence presented by the plaintiffs demonstrated that they were in lawful possession of the property and that the defendant's actions deprived them of their rights.

The evidence on the part of plaintiffs was to the effect that the defendant, during the absence of the plaintiffs, securely fastened two of the doors on the inside, and fastened the other door on the outside in a very substantial manner.

Conclusion

The court affirmed the judgment in favor of the plaintiffs, concluding that the evidence supported the jury's verdict for damages due to conversion.

The judgment is affirmed.

Who won?

The plaintiffs, A. C. Preble and another, prevailed because the court found that the defendant's actions constituted conversion of their property, depriving them of their rights.

The plaintiffs were in the open possession of the premises. They had taken a lease from the ostensible owner.

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