Also known as: immediate possessions
Written by attorneys · grounded in primary & secondary sources — see below
A presently exercisable right to control or hold a chattel or other property to the exclusion of others. This right supports liability for conversion or trespass when another interferes with it and determines who may demand immediate delivery or recovery of the item.
Ines Ibarra lent her specialized camera to a colleague for a one-day shoot. The colleague intentionally smashed the camera beyond repair during an argument. Ines, who retained the right to immediate possession under the loan agreement, recovered the full value in a conversion action.
Idris Ives purchased a rare watch from a seller who lacked authority. Even though Idris believed the transaction was legitimate, the true owner retained the right to immediate possession. The owner recovered the watch in a conversion suit despite Idris's good-faith mistake.
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Federal agents detained Isaiah Ishikawa's suitcase at an airport to conduct a dog sniff. The seizure interrupted Ishikawa's immediate possession of the luggage and his travel plans. The Court examined whether the detention violated Fourth Amendment standards.
Infinity Bank threatened to stop supplying essential components unless Austin Instrument agreed to higher prices. The threat placed Austin's immediate possession of needed goods at risk. Austin signed the new contract under economic duress.
A Wisconsin court awarded custody of children to their father. Their mother, residing in Ohio, retained her personal right to immediate possession of the children. Ohio courts refused to enforce the Wisconsin order without personal jurisdiction over the mother.
A mortgagee purchased property at foreclosure and expected to gain immediate possession once the redemption period expired. State legislation extended the period by sixteen days. The extension postponed the mortgagee's right to immediate possession of the premises.
A person in possession or entitled to immediate possession of the chattel may recover. The right exists even if the claimant is not the legal owner.
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No. Liability for conversion or trespass to chattels remains even if the actor mistakenly believes the other consented or that the actor is privileged.
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Immediate possession is a present right to control the item. Future possession is a right that will ripen only after some condition or time passes.
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The mortgagee does not gain immediate possession upon default. The mortgagor retains title and possession until foreclosure is completed.
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…as against Ohio, the personal jurisdiction that it must have in order to deprive their mother of her personal right to their immediate possession.[^maj-8] The judgment of the Supreme Court of Ohio, accordingly, is reversed and the cause is remanded to it for further proceedings not inconsistent with this opinion. Reversed and…