South Dakota § 21-3-3 Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning.

South Dakota Statutes

§ 21-3-3 — Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning.

South Dakota § 21-3-3

Title 21JUDICIAL REMEDIES

Ch. 21-2DAMAGES FOR TORTS

This text of South Dakota § 21-3-3 (Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-3-3 (2026).

Text

The detriment caused by the wrongful conversion of personal property is presumed to be:

(1)The value of the property at the time of the conversion, with the interest from that time;

(2)Where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party;

(3)A fair compensation for the time and money properly expended in pursuit of the property. Such presumptions cannot be repelled in favor of one whose possession was wrongful from the beginning by his subsequent application of the property to the benefit of the owner, without his consent.

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The detriment caused by the wrongful conversion of personal property is presumed to be: (1) The value of the property at the time of the conversion, with the interest from that time; (2) Where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party; (3) A fair compensation for the time and money properly expended in pursuit of the property. Such presumptions cannot be repelled in favor of one whose possession was wrongful from the beginning by his subsequent application of the property to the benefit of the owner, without his consent.

Legislative History

CivC 1877, §§ 1970, 1971; SL 1885, ch 42, § 1; CL 1887, §§ 4603, 4604; RCivC 1903, §§ 2315, 2316; RC 1919, §§ 1987, 1988; SDC 1939 & Supp 1960, § 37.1910.