The American legal system has struggled in applying obsolete concepts to modern legal dilemmas. An example of this is conversion,1 a theory of recovery which, until recently, substantiated our society’s reluctance to either adapt antiquated claims to the 21st century or discard these archaic concepts to the ash heap of history.2 While recently some jurisdictions have recognized conversion’s applicability to intangible property, others have been hesitant to adopt that approach.3 This article will explore the history of conversion, from its origin dating back to 11th century England and through its many transformations to its current form, with the groundbreaking New York case of Shmueli v. Corcoran Group and its effects on conversion in the digital age.
A History of Conversion
Dating back to the Norman Conquest of England in the eleventh century, proceedings against wrongdoers took the form of private appeals of larceny or robbery pursued only by the aggrieved party, not the state. The private parties sought to recover their stolen chattel and punish the thief. If the accused was caught in fresh pursuit he was taken to an impromptu court whereupon by a sworn oath taken by the appellor he was put to death.4
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
