Fouldes v. Willoughby
1841
Movement of chattel is not sufficient to establish conversion (may be sufficient to establish trespass)
Facts:
- Willoughby, a ferry owner, leads Fouldes's horses off boat to try to get rid of him
- Horses end up at Fouldes's brother's house, who sells them
Decision:
- Fouldes's suit for conversion unsuccessful
- Conversion requires that D intends to make use of the chattel for their own benefit (or destroys or consumes it) to the prejudice of the lawful owner
Backlinks: Torts:Intentional Torts:Conversion