Section 8 Generally

• Library: Damages 2012

In the case of property wrongly taken or withheld, the measure of damages is different than in the case of partial or total destruction. Generally, if the property is eventually returned to the rightful owner, the measure of damages is the difference in the property’s value at the time of its taking and at the time of its return, plus the reasonable value for the loss of use of the property. Hoffman Mgmt. Corp. v. S.L.C. of N. Am., Inc., 800 S.W.2d 755 (Mo. App. W.D. 1990). Depreciation may be the measure of these damages if the defendant caused injury to the property or if the defendant’s withholding of the property caused it to lose value. Mahurin v. Mahurin, 656 S.W.2d 823 (Mo. App. E.D. 1983). If neither injury nor lost value can be shown, the correct measure is the value of the property’s use during its detention. Saunders v. Flippo, 639 S.W.2d 411 (Mo. App. E.D. 1982). Rule 99.12 provides that the party entitled to possession be given the option, after inspection, of either the return of the property or money damages representing its value, plus damages for the detention. See Rule 99.13; Hallmark v. Stillings, 620 S.W.2d 436 (Mo. App. S.D. 1981).

Although a conversion claim is not the proper vehicle to recover an ordinary debt, an exception exists for specific checks, drafts, or notes if they...