Quebedeaux

(after stating the facts as above). In the court below the defendant, Quebedeaux, moved for a directed verdict in Ms favor on the ground that it appeared from the testimony that he was not liable on tho notes sued upon. Error is assigned to the denial of that motion. Upon consideration of the whole of the testimony, we are not convinced that the ruling was erroneous. The pivotal question was whether the notes wore the obligation of the defendant or of the Arizona State Bank.

Aldrich testified that, as he understood it, he was one of the members of the Aztec Sheep Company. “I was a partner of that concern. It was not incorporated. Tom Quebedeaux was the other partner. I became a partner in August of 1920. I became a partner under a suit of replevin of sheep that was moved from Arizona into Colorado. * * * Mr. Quebedeaux was going to sell the ewes, and he asked me about them, and I told him, if he sold the ewes, he would lose his permit in the White Mountains, so he decided to ship the sheep back to Arizona. Sam Bushman, of Gallup, bought the outfit in for Mr. Quebedeaux, and on my return, back from Colorado, we signed up a contract. Sam Bushman was acting for Mr. Quebedeaux at…