Suver v. O'Riley
Suver v. O'Riley
Opinion of the Court
delivered the opinion of the Court:
There is nothing in the points made by appellant on this record. The proceeds of the sale of this bull were bought and paid for, by appellee, of the owner, and whether they were actually in her hands when the suit was brought, is immaterial. They were technically in her possession and under her control. Appellee could not have brought his action against Shelton for these proceeds, as there was no privity between them, and no contract about them. They were the property of appellant, which she was bound to hand over to appellee in performance of her contract with him.
The evidence fully sustains the verdict. It is said the verdict was rendered by mistake. This plea can not be allowed. There would be but little use for jury trials, if members of the panel were permitted to come in, after the finding, and state they were mistaken. The jury were polled, when the court put the verdict in form, and were asked, when so put in form, if it was their verdict, to which they unanimously assented.
The instructions were properly disposed of, the verdict is right, does full justice, and ought to stand.
The judgment must be affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Nancy Suver v. William O'Riley
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Sade oe property or proceeds thereof—binding, although such property or its proceeds may not he in possession of seller. Where the owner of property puts it in the possession of another, for the purpose of having it sold, and then sells the proceeds of such sale to a third part)1-, he is bound to pay over such proceeds to the purchaser, and if he fails to do so, the purchaser can maintain an action therefor. 2. In such case, the suit must be against the owner of the property, and not against the one in whose ¡hands it was placed for sale, and who may have in his hands the proceeds of the sale at the time of suit. 3. Verdict—can not he impeached, for mistake on statement of juror. Where a jury have returned a verdict which is, by the court, put in form, and the jury then polled, and each of them assents to the verdict after it is so put in form, they can not be permitted to come in afterwards and say they were mistaken, and thus impeach their verdict.