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Monday, July 27, 2009

07-21-09 CHICAGO TITLE INSURANCE V. ELLIS A-5133-07T1

07-21-09 CHICAGO TITLE INSURANCE CO. V. DANIEL ELLIS, ET AL.
A-5133-07T1
The issue considered is whether defendants who received
fraudulently obtained money from their daughter must repay it to
the rightful owner even if they had no knowledge of the fraud
and even if they did not retain the money. We hold that
exercise of dominion or control over the money makes defendants
liable for conversion of the rightful owner’s personal property,
unless defendants were unaware of the fraud and received the
money in exchange for fair value.

Richard Sadowski
Assistant Editor