Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-10-07
EQUIVALENT TO JURY VERDICT.
An Old Case Of Considerable Local In
tersSt Heard by supreme Cour'.

aha 80 e~eH
tereSt Heard by supreme Cour'.
Ia case No. 100. Wells. Fargo " Com
pau = express, appellee, W. william A.
Walker. appellent, appeal from the dis
trict court " B.rnallilO county, the
opinion handed down by Associate JUS
tice Crumpacker aud cOnCurred In by
the Other members OF the court, at
hrned the judgment OF the lover court.
This cause was an action brought In the
district court OF Bsrnllillo county by
the appellee TO iOreclO'e a lien upon a
certificate OF twenty shares OF stock la
the Co operative Building ami Loan assO-
citation Of A%lbuquaiqua, whiah had been
issued 10 the appe'innt, W. A Walker,
an by him endorsed and delivered 10
the EXPIRE u clmpan7 20 SECURE the pay.
ment of a pronissOry note, executed
jointly by e. b. Gilbert aud W. A Walker
to Charles Young a. agent u the exptes,
company 10 cover On alleged shottuess ia
account OF Gilbert while ~ the employ
OF the express c mpany as agent. The
lower court found and decreed that
Walker was indebted to the express com
pany on the promls5Ory note; that
Walker pay the express company all the
money due on tue note aud costs OF the
suig; that upon such payment the express
company rs-assign ami deliver to Walker
tho mote, together with the certificate OF
stock described In The suit; that In de-
fault OF such payment the said certificate
of stock should be sold ut pubic auction
to the highest bidder, and the proceeds OF
such sale be used TO pay all the claims
and expenses Of suit, the remainder, II
any, To be paid to the defendant Walker.
In handing down the opinion affirming
the judgment OF the lower court, the SUI
preme court prepared the following sylla.
bus:
Where, on motion OF complainant, all
order for reference 10 a master Is made
10 take proofs and report the same with
ais opinion, but Instead the master re-
ports his innings Of fact and cOnclu-
slOns OF law, Il Will be presumed, nothing
To the contrary appearing In the record,
that the court below acted upon the re.
ports as made, anu cOmpialnAnt's iaiI uTe
10 specifically object In the court below
is a waiver to his right 10 object here.
A iuding Of fact by a master In equiv
alent To the special verdict OF a Jury, aud
cannot be- disturbed unless the evidence
IL manltestly insufficient 10 support IL.
When there Ia not any evidence 10 sup
port the findings OF the master the cOuTt
below properly set them aside
Where Que becomes surety Tor an al
legged existing shortage in tia accounts
Ut another, the mere fact that he ha,
knowledge Of an unexplained Irregular
ity land the fact Of the acceptance OF th,
security OF ths creditor, under the pecn
al circumstances OF this case Is suct
knowledge 10 his surety Is sufficient {,
put the surety upon inquiry, aud II N
falls % seek important information with
J IN his reach, he cannot, ia the absence o
fraud on the part OF the creditor, act vi
a defense then FIRST learned, which h
ought TO have known and considered be
fore entering into the contract.
Ordinarily, a corporation IL chargeabl
| with any facts which are known 10 il
; agent, but Ia transaction n a dishOnes
I character between co employees, whrr
one participates In the peTpetTatiOn OF
. fraud upon the corporation for the bene
= Ht Of the other. the Law does not infe
? that the agent will communicate th
9 facts TO the corporation, aud under sue
q such circumstances the corporation
= not bound.
p A pledge OF building and loan assoc.
: alton stock IL entitled 20 a lien thereon
: as expenses, Tor payments made by hiI
q NJ assessments thereon, where II Is nd
mitted that the levy IL legal aud tha
there would be- an aiiietiOn OF fine
) against the stock for nOn.paymeut Of N
a fuses TO pay the same.
'. Frank W. Clancy and Neill b, FieI
appeared for appellant, C. n, sterry I,
lf appellee.