Brief Fact Summary. Defendant moved Plaintiff’s property, which was then lost. Plaintiff sued Defendant for conversion. Plaintiff’s complaint did not allege that Defendant converted Plaintiff’s property.
Synopsis of Rule of Law. Under the English common law, the elements of a claim for conversion must be specifically pled or else the case cannot be sustained.
The transferee judge's notice of suggestion of remand to the Panel is obviously an indication that he perceives his role under Section 1407 to have ended.View Full Point of Law
Issue. Can Plaintiff maintain an action against Defendant for conversion when there is no allegation Defendant converted Plaintiff’s property to his own use?
Held. No. Judgment for Defendant. Plaintiff was a wrongdoer for blocking Defendant’s way to his box. Therefore, Defendant had a right to move Plaintiff’s goods. Defendant’s failure to return the goods to where they were may be an action in trespass but is not an action in conversion. Therefore, the case cannot stand.
Discussion. This case illustrates the strict English common law procedures regarding specifically pleading the elements pertinent to the cause of action stated in the complaint.