Hayes v. Massachusetts Mutual Life Insurance

Citations

• 125 Ill. 626
• 1 L.R.A. 303

Syllabus

<p>1. Appeals—reviewing the facts—finding of facts by Appellate Court. In so far, only, as the Appellate Court, on a reversal of the judgment of the trial court, in its final order, finds the facts necessary to a recovery different from the finding of the trial court, will such finding be conclusive upon this court.</p> <p>2. Where a plaintiff counts on two causes of action, and obtains a general verdict and judgment, and the Appellate Court finds the facts as to one count differently from the trial court, without finding as to the other ground of action, a judgment of reversal by the Appellate Court will be erroneous.</p> <p>3. The finding of the Appellate Court, under section 87 of the Practice act, of the facts differently from the trial court, is the finding of the ultimate facts, upon the existence or non-existence of which, as set up in the pleadings, the rights of the parties depend. That section does not require the Appellate Court to find what was the evidence of these facts, or that it shall find the merely subordinate or evidentiary facts which, when established, contribute to the establishment of the ultimate fact which must exist in order to sustain the alleged cause of action.</p> <p>4. Joinder of counts—in trover and case. Counts in case and counts in trover may be joined in the same declaration.</p> <p>5. Trover—when the action will lie. Trover will lie for the wrongful conversion of valuable papers, or evidence of title to real or personal property, for checks, promissory notes, bank bills, bonds, bills of exchange, drafts, certificates of stock in incorporated companies, securities of any kind, books of account, vouchers, etc., and of a policy of insurance.</p> <p>6. To maintain trover, a plaintiff must show a tortious conversion by the defendant, and that at the time of the conversion the plaintiff had a right of property in the chattel converted, and the possession, or the immediate right of possession, thereof.</p> <p>7. So if an insurance compa