Section 17.3 Possession

• Library: Tort Law 2016

1. (§17.3) Possession

Conversion "is a tort against the right of possession rather than against the right of title." Mertz v. Blockbuster, Inc., 32 S.W.3d 130, 133 (Mo. App. E.D. 2000). In Mertz, a reseller of used videos and video games was found to be in unauthorized possession of a retail chain’s merchandise. The court of appeals held that the retail chain had made a submissible case of conversion, in that it proved:

(1) it was the owner of the property with the right to possession of it;

(2) the

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