Odger's English Common Law

466 CONVERSION.
in bailment, the right to recover possession, of them depends
on the nature of the bailment. If it confers on the bailee a
right to exclude the bailor from possession, the bailee alone
can bring an action of conversion against such third person
but if it does not confer any right on the bailee to exclude the
bailor from possession, then either (but not both) can main-
tain an action of conversion. For example, a pawnbroker or
hirer of goods alone can bring an action of conversion so
long as the pawning or hiring continues. On the other hand,
where the bailment consists of a gratuitous loan of goods,
either the bailor or the bailee can maintain such an action.
But if the bailee himself converts the goods to his own use,
the bailor can bring an action of conversion against him,
whether the bailment be of a nature to exclude, the bailor
from possession or not. Where the bailee is entitled to sue,
he can recover the full value of the goods converted, although
he would have had a good answer to an action by the bailor
for damages for the loss of the goods. 1
In order to succeed in an action of conversion the plaintiff
must prove
—
(i.) that he had a right to the immediate possession of the
goods ; and
(ii.) that the defendant was in possession of the goods and
converted them to his own use.
On proof of these facts, the plaintiff will be entitled to
recover as damages the loss which he has sustained.
(i.) The ownership of goods prima facie involves the right
to their possession. Hence the owner of goods can, as a rule,
bring an action for their conversion by a stranger. If, how-
ever, he has voluntarily parted with them to another for a
definite time or purpose, he has no right to the immediate
possession of the goods and cannot sue for their conversion by
a third person, until that time has elapsed or that purpose has
been effected. During such period only the person who is
entitled to be in possession of them could sue the wrongdoer.
* The Wink-field, [1902] P. 42, overruling Olaridge r. South Staffordshire "
Tramway Co., [1892] 1 Q.^B. 422.
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