Mausert v. Mutual Distributing Co.

*191The opinion of the court was delivered by

Trenchard, J.

This suit was brought to recover damages for the conversion by the defendant of certain chattels of the plaintiff. The defendant in its answer, and at the trial, claimed to be a purchaser of such chattels at a sale thereof under a chattel mortgage given by the plaintiff to the defendant, and so sought to justify its possession.

The learned trial judge directed a verdict for the plaintiff, leaving to the jury only the amount of the damages.

We are of the opinion that the direction of a verdict cannot be sustained.

It appeared that the mortgage…