Fuscellaro v. Industrial National Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that cause of action for conversion “accrues at time wrongful dominion [is] exercised, ‘regardless of the plaintiffs ignorance’ of such dominion”
• rejecting discovery rule in action for conversion of check; court emphasized importance of finality to free negotiability
• suit to recover proceeds of six checks cashed by defendant bank, based on theories of conversion and of money had and received
• “the gravamen of an action for conversion lies in the defendant’s taking the plaintiffs personalty without consent and exercising dominion over it inconsistent with the plaintiffs right to possession”
• “The finality of transactions promoted by an ascertainable definite period of liability is essential to the free negotiability of instruments on which commercial welfare so heavily depends.”
• “[T]he gravamen of an action for conversion lies in the defendant’s taking the plaintiff’s personalty without consent and exercising dominion over it inconsistent with the plaintiff’s right of possession.”

Source: CourtListener parenthetical corpus (CC0).