Montgomery GMC Trucks, Inc. v. Nunn

CRIST, Special Judge.

Respondent (truck dealer) sued appellant (buyer) for conversion arising from buyer’s removal of his truck from truck dealer’s possession while the truck was subject to a mechanic’s lien for repairs made by truck dealer. See § 430.020 RSMo 1978. Buyer counterclaimed for damages alleging abuse of process and malicious prosecution.

The trial court granted truck dealer’s pretrial motion for summary judgment on the issue of buyer’s liability for the conversion. The Greene County jury subsequently determined truck dealer’s damages to be $1,800. On buyer’s counterclaim, the jury…