statutory conversion claim (Michigan) · Go Syfert
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statutory conversion claim in Michigan

13 Michigan opinions name it 1 courts 2002–2025 5 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Aroma Wines & Equipment, Inc v. Columbian Distribution Services, Incgreen
mich · 2015 · cited in 5 Michigan opinions naming this issue, 2017–2021
2 sentences

2021Our Supreme Court has held that MCL 600.2919a(1)(a) constitutes a “subset of common-law conversions in which the common-law conversion was to the other person’s ‘own use.’ ” Aroma Wines & Equip, Inc v Columbian Distrib Servs, Inc, 497 Mich 337, 355 ; 871 NW2d 136 (2015).

2018In Aroma Wines & Equip, Inc v Columbian Distrib Serv, Inc, 497 Mich 337, 359 ; 871 NW2d136 (2015), the Court held that “someone alleging conversion to the defendant’s ‘own use’ under MCL 600.2919a(1)(a) must show that the defendant employed the converted property for some purpose personal to the defendant’s interests, even if that purpose is not the objects’ ordinarily intended purpose.” When plaintiffs rested, there had been no evidence presented that defendant converted any of plaintiffs’ personal items, which were to be used as film props, to his own personal use.

25
Nexteer Automotive Corporation v. Mando America Corporationgreen
michctapp · 2016 · cited in 1 Michigan opinions naming this issue, 2023–2023
1 sentence

2023Nexteer Auto Corp, 314 Mich App at 395, 396 ; Landin, 305 Mich App at 545 .

11
Adams v. Adamsgreen
michctapp · 2007 · cited in 1 Michigan opinions naming this issue, 2020–2020
2 sentences

2020See Adams v Adams (On Reconsideration), 276 Mich App 704, 710-711 ; 742 NW2d 399 (2007) (“It is well settled that the gravamen of an action is determined by reading the complaint as a whole, and by looking beyond mere procedural labels to determine the exact nature of the claim.”).

2020See Adams v Adams (On Reconsideration), 276 Mich App 704, 710-711 ; 742 NW2d 399 (2007) (“It is well settled that the gravamen of an action is determined by reading the complaint as a whole, and by looking beyond mere procedural labels to determine the exact nature of the claim.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Hovanesian v. Nam green
michctapp · 1995
2 sentences

2018The trial court relied on Lawsuit Fin, LLC v Curry, 261 Mich App 579, 593 ; 683 NW2d 233 (2004), quoting Hovanesian v Nam, 213 Mich App 231, 237 ; 539 NW2d 557 (1995), for the proposition that “simply retaining money does not amount to ‘buying, receiving or aiding in the concealment of stolen, embezzled or converted property.’” Lawsuit Fin specifically dealt with a statutory conversion claim.

2018The trial court relied on Lawsuit Fin, LLC v Curry, 261 Mich App 579, 593 ; 683 NW2d 233 (2004), quoting Hovanesian v Nam, 213 Mich App 231, 237 ; 539 NW2d 557 (1995), for the proposition that “simply retaining money does not amount to ‘buying, receiving or aiding in the concealment of stolen, embezzled or converted property.’” Lawsuit Fin specifically dealt with a statutory conversion claim.

32002–2018
Lawsuit Financial, LLC v. Curry green
michctapp · 2004
2 sentences

2018The trial court relied on Lawsuit Fin, LLC v Curry, 261 Mich App 579, 593 ; 683 NW2d 233 (2004), quoting Hovanesian v Nam, 213 Mich App 231, 237 ; 539 NW2d 557 (1995), for the proposition that “simply retaining money does not amount to ‘buying, receiving or aiding in the concealment of stolen, embezzled or converted property.’” Lawsuit Fin specifically dealt with a statutory conversion claim.

2018The trial court relied on Lawsuit Fin, LLC v Curry, 261 Mich App 579, 593 ; 683 NW2d 233 (2004), quoting Hovanesian v Nam, 213 Mich App 231, 237 ; 539 NW2d 557 (1995), for the proposition that “simply retaining money does not amount to ‘buying, receiving or aiding in the concealment of stolen, embezzled or converted property.’” Lawsuit Fin specifically dealt with a statutory conversion claim.

22018–2018
Lawsuit Financial, LLC v. Curry green
michctapp · 2004
2 sentences

2018The trial court relied on Lawsuit Fin, LLC v Curry, 261 Mich App 579, 593 ; 683 NW2d 233 (2004), quoting Hovanesian v Nam, 213 Mich App 231, 237 ; 539 NW2d 557 (1995), for the proposition that “simply retaining money does not amount to ‘buying, receiving or aiding in the concealment of stolen, embezzled or converted property.’” Lawsuit Fin specifically dealt with a statutory conversion claim.

2018The trial court relied on Lawsuit Fin, LLC v Curry, 261 Mich App 579, 593 ; 683 NW2d 233 (2004), quoting Hovanesian v Nam, 213 Mich App 231, 237 ; 539 NW2d 557 (1995), for the proposition that “simply retaining money does not amount to ‘buying, receiving or aiding in the concealment of stolen, embezzled or converted property.’” Lawsuit Fin specifically dealt with a statutory conversion claim.

22018–2018
Shawl v. SPENCE BROS., INC. green
michctapp · 2008
2 sentences

2017Shawl, 280 Mich App at 239 . -3- Similarly, plaintiff established a meritorious defense to the statutory conversion claim alleged under MCL 600.2919a.

2017Shawl, 280 Mich App at 239 . -3- Similarly, plaintiff established a meritorious defense to the statutory conversion claim alleged under MCL 600.2919a.

22017–2017
Alken-Ziegler, Inc. v. Waterbury Headers Corp. green
mich · 1999
2 sentences

2017Because defendant established a meritorious defense to the conversion claim, “a lesser showing of ‘good cause’” was required in order to “prevent a manifest injustice.” Alken-Ziegler, 461 Mich at 230 .

2017Because defendant established a meritorious defense to the conversion claim, “a lesser showing of ‘good cause’” was required in order to “prevent a manifest injustice.” Alken-Ziegler, 461 Mich at 230 .

22017–2017
Smith Trust and Estate v. Erickson Retirement Communities green
michctapp · 2018
1 sentence

2025Id.

12025–2025
Aroma Wines & Equipment, Inc. v. Columbian Distribution Services, Inc. green
michctapp · 2013
1 sentence

2024Id. at 444-445 .

12024–2024
Gracey v. Grosse Pointe Farms Clerk green
michctapp · 1989
2 sentences

2024We disagree.20 19 Although Gracey v Grosse Pointe Farms Clerk, 182 Mich App 193 ; 452 NW2d 471 (1989), is not strictly binding pursuant to MCR 7.215(J)(1) because it was issued before November 1, 1990, as a published opinion, it nevertheless “has precedential effect under the rule of stare decisis” pursuant to MCR 7.215(C)(2).

2024We disagree.20 19 Although Gracey v Grosse Pointe Farms Clerk, 182 Mich App 193 ; 452 NW2d 471 (1989), is not strictly binding pursuant to MCR 7.215(J)(1) because it was issued before November 1, 1990, as a published opinion, it nevertheless “has precedential effect under the rule of stare decisis” pursuant to MCR 7.215(C)(2).

12024–2024
Landin v. Healthsource Saginaw, Inc. green
michctapp · 2014
1 sentence

2023Nexteer Auto Corp, 314 Mich App at 395, 396 ; Landin, 305 Mich App at 545 .

12023–2023
in Re Bradley Estate green
mich · 2013
2 sentences

2022First, conversion sounds in tort, Elia Companies, LLC v Univ of Mich Regents, 335 Mich App 439 , 450; 966 NW2d 755 (2021), and “the distinguishing feature of a tort [is] that it consists in the violation of a right given or neglect of a duty imposed by law, and not by contract,” In re Bradley Estate, 494 Mich 367, 383 ; 835 NW2d 545 (2013) (quotation marks and citation omitted; emphasis added; alteration in original).

2022First, conversion sounds in tort, Elia Companies, LLC v Univ of Mich Regents, 335 Mich App 439 , 450; 966 NW2d 755 (2021), and “the distinguishing feature of a tort [is] that it consists in the violation of a right given or neglect of a duty imposed by law, and not by contract,” In re Bradley Estate, 494 Mich 367, 383 ; 835 NW2d 545 (2013) (quotation marks and citation omitted; emphasis added; alteration in original).

12022–2022

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 600.2919a (13)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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