Port of Nehalem v. Nicholson

This is an action to recover the amount alleged to be due upon two promissory notes, aggregating $4,407.34, executed December 20,1921, by Frank A. Rowe and indorsed by the defendant. The defendant seeks to avoid payment on the ground of duress. At the conclusion of the testimony each party moved for a directed verdict. The right to a jury trial having thus been waived, the court found in favor of defendant and entered judgment dismissing the action. Plaintiff appeals.

When each party moved for a directed verdict, they, in effect, stipulated that all questions of fact be submitted to the court…