Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1898-10-04
EQUIVALENT TO JURY VERDICT.
Finding of Fact by Special Master Can Not
Be Set Aside Unless the Evidence is
Insufficient to Support It,

In case No. 7O9, Wells, Fargo & Com
pany's express, appellee, vs.. William A
Walker, appellant, appeal from the dis
trict court of Bernalillo county, the
opinion handed down by Associate JUS
tice Crumpacker and concurred in by
the other members of the court, af-
firmed the judgment of the lower court
This cause was an action brought In the
district court of Bernalillo county by
the appellee to foreclose' lien upon a
certificate Of 20 shares Of stock in the
Cooperative Building and Loan Assoc
citation Of Albuquerque, which had been
issued to the appellant. w. A. Walker,
and by him Endorsed and delivered to
the express company to secure the pay
ment of a promissory note, executed
Jointly by E. l.. Gilbert and w. A.
Walker to Charles Young as agent OF
the express company to cover an alleged
shortness in account Of Gilbert while In
the employ Of the express company as
agent. The lower court found and de-
creed that Walker was indebted to the
express company on the promiSSory
note; that Walker pay the express COM
pany all the money due on the note and
costs of the suit; that Upon such pay
ment the express company re-assign
and deliver to Walker the note, together
with the certificate Of stock described In
the suit; that in default Of such pay
ment the said certificate Of stock should
be sold at public 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
supreme court prepared the following
syllabus:
Where, on motion of complainant, an
order for reference to a master Is made
to take proofs and report the same with
his opinion, but instead the master re-
ports his findings of fact and conclusions
of law, it will be presumed, nothing to the
contrary appearing In the record, that
the court below acted upon the reports
as made, and compliments failure tc
specifically object in the court below is
a waiver to his right to object here.
A finding Of fact by a master is equiv
alent to the special verdict Of a jury,
and cannot be disturbed unless the evil
dence is manifestly insufficient to sup
port it.
When there Is not any evidence to
support the findings Of the master the
court below properly set them aside.
Where n becomes surety for an al
legged existing shortage in the accounts
of another, the mere fact hat he has
knowledge of an unexplained irregular
ity land the fact of the acceptance of
the security Of the creditor, under the
peculiar circumstances Of this case is
such knowledge to his surety) Is sufi-
Client to put the surety upon inquiry,
and If he fails to seek important infor-
nation within his reach he cannot, In
the absence of fraud on the part of the
creditor, set up a defense then first
learned, which he ought to have known
and considered before entering into the
contract.
Ordinarily, a corporation is chargeahle
with any facts which are known to its
agent, but in transactions of a dishonest
character between co-employes, where
one participates In the preparation of
a fraud upon the corporation for the
benefit Of the other, the law does not in
fer that the agent will communicate the
facts to the corporation, and under such