40 Minn. 375 | Minn. | 1889
Action for the wrongful taking and conversion of a stock of merchandise, alleged to have been the property of plaintiffs as copartners. The answer puts in issue the partnership of plaintiffs,
This being an appeal from an order denying a new trial, the only questions really involved here are whether these special findings of the jury were justified by the evidence, and whether the court erred in withdrawing from their consideration the value placed upon this
With reference to further proceedings, we may remark that clearly the special verdict does not cover all the issues made by the pleadings. Both of the answers of the jury might be true, and yet the plaintiffs not entitled to judgment; for example, they might have been partners, and yet the property in dispute not partnership property. If a judgment should be entered upon this verdict alone, there would be nothing appearing in the judgment-roll to sustain the judgment. Where there are several issues, and only part of them are passed upon by the verdict of the jury or the findings of the court, it is not sufficient to support a judgment. All the material issues must be passed upon, so as to enable the court to say, upon the pleadings and verdict or findings, without looking- at the evidence, which party is entitled to judgment. Lowell v. North, 4 Minn. 15, (32;) Meighen v. Strong, 6 Minn. 111, (177,) (80 Am. Dec. 441;) Armstrong v. Hinds, 9 Minn. 341, (356;) Pint v. Bauer, 31 Minn. 4, (16 N. W. Rep. 425.)
Another question was discussed by counsel, which may also arise in this case, viz., the right of a purchaser at a sale upon execution against one partner levied upon his interest in partnership property. It is settled in this court, in accordance with the weight of the more modern authorities, and with what we conceive to be the true theory of the nature of a partnership, that the interest of a purchaser in such a ease is merely the right to share in the surplus after the partnership affairs are settled; that he becomes a quasi tenant in common with the other partners only so far as to entitle him to an accounting; that the levy and sale do not divest the title or right of posses
Order affirmed.