conversion claim in Indiana

2014See, *751 eg., Newland Res., LLC v. Branham Corp., 918 N.E.2d 768, 776 (Ind.Ct.App. 2009) (conversion claim dismissed because plaintiff "did not identify the money at issue as separate chattel"); Tobin v. Ru-man, 819 N.E.2d 78 (Ind.Ct.App.2004) (law firm's wrongful withholding of lawyer's share of retained earnings constituted failure to pay a debt and did not constitute criminal conversion as a matter of law), trans. denied; Huff v. Biomet, Inc., 654 N.E.2d 830 (wrongful withholding of sales commissions did not constitute eriminal conversion where there was no evidence that the money was entr

2014See, *751 eg., Newland Res., LLC v. Branham Corp., 918 N.E.2d 768, 776 (Ind.Ct.App. 2009) (conversion claim dismissed because plaintiff "did not identify the money at issue as separate chattel"); Tobin v. Ru-man, 819 N.E.2d 78 (Ind.Ct.App.2004) (law firm's wrongful withholding of lawyer's share of retained earnings constituted failure to pay a debt and did not constitute criminal conversion as a matter of law), trans. denied; Huff v. Biomet, Inc., 654 N.E.2d 830 (wrongful withholding of sales commissions did not constitute eriminal conversion where there was no evidence that the money was entr

2011See Shouse v. State, 849 N.E.2d 650 (finding a conversion instruction not warranted by the evidence where there was no serious evidentiary dispute that the defendant intended to deprive the owner of the truck’s value or use); M.Q.M. v. State, 840 N.E.2d 441 (Ind.Ct.App.2006) (finding the evidence insufficient for theft but sufficient for conversion where there was no evidence that the juvenile intended to deprive his parents of the value or use of the vehicle).

2010Id.

2006We have previously held that "[nlo matter who the creditor, no matter the reason for delay, the one-year nonclaim statute must be complied with in order to bring a claim against the estate." Burnett, 685 N.E.2d at 1110 .

2005Coffel v. Perry, 452 N.E2d 1066, 1069 (Ind.Ct.App.1983). _ "Where - converted property is returned, damages for the deprivation of the use of the property may be measured by the fair rental value for the period of conversion." Id.

1997Melton, supra, 597 N.E.2d at 361 , as quoted by the majority, clearly demonstrates the total lack of value of Cosby’s testimony, including the unfounded conclusion that Blinn’s blood alcohol content by weight was 0.292%, with regard to whether Blinn was operating the vehicle while intoxicated.

1997Melton, supra, 597 N.E.2d at 361 , as quoted by the majority, clearly demonstrates the total lack of value of Cosby’s testimony, including the unfounded conclusion that Blinn’s blood alcohol content by weight was 0.292%, with regard to whether Blinn was operating the vehicle while intoxicated.

1995Id.

1987As to the conversion instruction, I have not retreated from the position stated in Irvin v. State (1986) 2d Dist.Ind.App., 501 N.E.2d 1139 , to the effect that "from a practical standpoint the offenses [of theft and conversion] appear to be one and the same." Id. at 1142 . 1 Nevertheless, our precedent continues to draw a distinction between the two with respect to mens rea.

1987As to the conversion instruction, I have not retreated from the position stated in Irvin v. State (1986) 2d Dist.Ind.App., 501 N.E.2d 1139 , to the effect that "from a practical standpoint the offenses [of theft and conversion] appear to be one and the same." Id. at 1142 . 1 Nevertheless, our precedent continues to draw a distinction between the two with respect to mens rea.

1982Both parties rely on the case of Western & Southern Life Insurance *1385 Co. v. Shelby, (1935) 101 Ind.App. 1 , 194 N.E. 197 , trans. denied.

1982Both parties rely on the case of Western & Southern Life Insurance *1385 Co. v. Shelby, (1935) 101 Ind.App. 1 , 194 N.E. 197 , trans. denied.

1982Suicide clauses have been seen to serve two separate purposes, (1) as a risk of loss provision upon which premiums of the policy are based, Kunse v. Knights of the Modern Maccabees, (1909) 45 Ind.App. 30 , 90 N.E. 89 , or (2) as an anti-fraud provision, Silliman v. International Life Insurance Co., (1915) 131 Tenn. 303 , 174 S.W. 1131 .

1982The court in Landorf, supra, at 468 , rejected the defendant’s argument that the right to convert is personal to the insured and non-assignable, stating that the cases defendant relies upon hold 2 “that ca insured, who is also the owner of the rights under the policy, must be alive when the conversion privilege (that becomes available on termination of employment) is exercised.” Importantly, we note that the above cases, cited below in footnote 2, preceded the § 204(3) amendment which DeVille interpreted, and therefore, did not involve the issue of statutory notice to an insured of the convers

1982If the statute is interpreted according to its purpose and spirit we conclude that the certificate holder was insured at the time of his death under the terms of the policy when construed together with the pertinent statutory provisions.” 199 N.Y.S.2d at 881-82 .

1982Suicide clauses have been seen to serve two separate purposes, (1) as a risk of loss provision upon which premiums of the policy are based, Kunse v. Knights of the Modern Maccabees, (1909) 45 Ind.App. 30 , 90 N.E. 89 , or (2) as an anti-fraud provision, Silliman v. International Life Insurance Co., (1915) 131 Tenn. 303 , 174 S.W. 1131 .

1982Suicide clauses have been seen to serve two separate purposes, (1) as a risk of loss provision upon which premiums of the policy are based, Kunse v. Knights of the Modern Maccabees, (1909) 45 Ind.App. 30 , 90 N.E. 89 , or (2) as an anti-fraud provision, Silliman v. International Life Insurance Co., (1915) 131 Tenn. 303 , 174 S.W. 1131 .

1976For their proposition that they and Charles held the right to the payments as joint tenants with right of survivorship, the sisters rely on Hewitt v. Biege (1958), 183 Kan. 352 , 327 P.2d 872 .

1976For their proposition that they and Charles held the right to the payments as joint tenants with right of survivorship, the sisters rely on Hewitt v. Biege (1958), 183 Kan. 352 , 327 P.2d 872 .