Hemphill v. Orloff

This action is brought on a note given by defendant, a married woman, to the Commercial Investment Trust, of which plaintiff is vice-president. No question of bona fide purchaser is involved, as the note was transferred to him for the purpose of bringing suit. Before taking up the case itself a preliminary question should be disposed of. Both parties asked without reservation for a directed verdict. Defendant’s counsel insist that this amounted to a request that the trial court find the facts. We recognize this as being the rule in the Federal courts, but it is not the rule of this court.…