Conversion, or civil theft, requires a plaintiff to make a demand for possession of the converted property before suing for its return. This pre-suit demand’s purpose is to give a defendant the opportunity to return plaintiff’s property and avoid unnecessary litigation. What constitutes a demand though? The easiest case is where a plaintiff serves a …
Tag Archives: conversion
Three-Year Limitations Period Governs Bank Customer’s Suit for Misapplied Deposits – IL First Dist.
Now we can add PSI Resources, LLC v. MB Financial Bank (2016 IL App (1st) 152204) to the case canon of decisions that harmonize conflicting statutes of limitations and show how hard it is for a corporate account holder to successfully sue its bank. The plaintiff, an assignee of three related companies**, sued the companies’ …
Landlord Subject to Potential Bailment and Intentional Infliction Claims for Leaving Tenant’s Property On Sidewalk – IL ND
The Internet is awash in state-by-state summaries of what a landlord can and can’t do with property left behind by a residential tenant. The various abandoned property rules range from making the landlord do nothing, to requiring it to hold the tenant’s property for a fixed number of days, to sending formal notice to the tenant …