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Case Summary
Winkworth v. Christie Manson and Woods Ltd.
Winkworth v. Christie Manson and Woods Ltd. and Another, [1980] 1 ER (Ch) 496, [1980] 1 All ER 1121.
Précis
The plaintiff owned a collection of Japanese netsuke that was stolen from him in England and subsequently taken to Italy. There they were sold to the second defendant, Marchese Paolo Da Pozzo, who was unaware of the theft. He sent the objects back to Christie's in England to be sold at auction. The plaintiff learned of the sale, sought an
injunction
An equitable court order commanding or preventing an action. To get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law and that an irreparable injury will result unless the relief is granted (Black’s Law Dictionary (8th ed. 2004)).
injunction and brought a suit for
conversion
A civil wrong (tort) in which one converts another's property to his own use; in other words, “stealing.” Conversion includes treating another's goods as one's own, holding onto such property which accidentally comes into the taker’s hands, or purposely giving the impression that the assets belong to the taker. This gives the true owner the right to sue for his own property or the value and loss of use of it, as well recourse to law enforcement authorities, since conversion usually includes the crime of theft (http://dictionary.law.com).
conversion or damages. This case is important because . . . .
Associated Legal Decision(s)
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