William H. Smith, Appellant v. Abijah Weston, Respondent, Impleaded With Orren Weston and William W. Weston

Summary

The Court affirmed the judgment entered on a directed verdict in favor of the defendant. It held that when both parties move for a directed verdict, the decision is reviewed as if a jury had returned a verdict, making the facts conclusively established for the prevailing party. The Court also held that the plaintiff, as holder of a note indorsed by a partnership, bore the burden to prove either that the indorsement was authorized by all partners or that he was a bona fide purchaser, and that he failed to meet that burden.