Alton company owner counter sues party allegedly responsible for converted goods

The owner of an Alton company claims he unknowingly purchased cast aluminum concrete forms from a South Roxana man who was stealing the material from his employer. The employer then sued the company, saying it was not paid for the stolen material.

Patrick Hurley filed a lawsuit April 23 in the Madison County Circuit Court against John D. Hatcher.

In his complaint, Hurley, who owned Alton Materials, claims he purchased cast aluminum concrete forms from Hatcher, believing Hatcher had authority from his employer, Lerry Mead Concrete Construction, to do so.

Hurley continued to purchase the materials from Oct. 7, 2010, through May 23, 2011, when Hatcher was arrested and charged with the theft of the material, according to the complaint.

Throughout the years preceding Hatcher’s arrest, Hurley paid him $3,805.18 for the materials, the suit states.

In September 2012, Lerry Mead Concrete Construction sued Hurley, alleging the purchase of the stolen cast aluminum concrete forms constituted a conversion, the complaint says.

In his current complaint, Hurley is asking the court to force Hatcher to pay for defense costs associated with the Lerry Mead Concrete Construction complaint. He is also seeking a judgment of more than $400,000, plus costs and other relief the court deems just. He is being represented by Christopher B. Hunter of Hunter and Johnson in Godfrey.

Madison County Circuit Court case number 14-L-641.