Morgan v. Nesbitt

Conversion or Mortgaged Personal Property—Special Issues—Finding as to Invalidity—General Verdict—Consistency— Construction.—In an action against a sheriff for the conversion of mortgaged personal property attached and sold under execution for a creditor of the mortgagor, where the jury found upon sufficient evidence that the sum of $449.90, part of the mortgage, was advanced to pay a prior valid mortgage, and rendered a special and general verdict for that sum, but found upon special issues against other items included in the mortgage, a mere negative finding as to the validity of the' mortgage as a whole, raising the question whether or not a mortgage would be void as to creditors, where only the good faith of the mortgagee is called in question, is to be construed in connection with all the special findings and general verdict, and . so construed, an inconsistency claimed between the findings and general verdict because of such negative finding does not exist.

Id.—Erroneous Judgment — Reversal.— Where, because of such asserted inconsistency between the findings and the general verdict, the court erroneously rendered a judgment for the defendant, and it appearing that under the evidence and the admissions in. the case, the jury could not have intended that the plaintiff should have a verdict for any less sum than $449.90, and as the plaintiff is satisfied with a judgment for that amount, the judgment will he reversed with directions to the trial court to enter judgment in favor of plaintiff upon the general verdict, for that sum.