GIBLIN, Associate Justice.
The trial of this cause resulted in a jury verdict based obviously on the finding that the appellee had wrongfully converted a diamond ring which had been entrusted to him as consignee and bailee. By the order appealed from the trial judge set the verdict aside and granted a new trial, assigning as his reason that it appeared "from the evidence that the defendant was unable to deliver the property because the same was stolen from him," and...
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